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legalgems, Lawyer
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My soon to be ex husband wants to refinance out truck by

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my soon to be ex husband wants to refinance out truck by himself so he is the only name on title. We owe $33k. We have a jeep 2014 paid off. What can I do that would hold up in court that ensures he keeps the truck and I keep the jeep. Can we write a letter and both sign it??

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Customer: replied 11 months ago.
I'm in California

The court is not bound by any agreements regarding marital property, though they tend to rubberstamp agreements made by the party, particularly if one person assumes responsibility for the loan for the secured property.

The best way to ensure the court will adopt the agreement is to submit a stipulation to the court, and have the court sign it, thereby making it a court order. Otherwise one takes the risk, albeit small, that the judge will not be in agreement with the property division agreement. But typically, the judge will rubberstamp any agreements that are in writing. If the parties are in agreement on all issues, they can submit a marital settlement agreement and request that the judge incorporate that into the final decree so it has the full effect of the law.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 11 months ago.
I will be Filing for the divorce or separation in about a week so we don't have an open case yet. Question:
If we sign a paper and we also direct who the vehicle are going to, would that protect me from having to pay him out on the jeep which is paid off because he has the truck In his possession ?
( I was told previously he is entitled to half the jeep because it's paid off but not the truck because there is a loan out on it.)

The court will look to see the equity in each, and will divide that in half. So if one car is paid off, then generally the party keeping that would need to buy out the other. The courts MAY approve an uneven distribution, so long as the party seems to understand they are entitled to more, but are knowingly and willingly agreeing to less.

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