What is my liability on an automobile that has been discharged via bankruptcy and being used by ex spouse whom is making payment

Asked almost 2 years ago - Apache Junction, AZ

I am being summoned to court for a parking violation on this car which she is using. We do not live together are divorced and I have no access to vehicle.
The loan company has agreed to let her the cosigner on loan to keep vehicle by making monthly payments.
They will not take my name off of title despite bankruptcy. Any advise what I can do to stop this from happening in the future. And am I liable still for this vehicle in the future, wreck,dui,traffic violations,etc..?

Attorney answers (3)

  1. James R. Andrews II

    Pro

    Contributor Level 12

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    Answered . To escape any liability for an automobile which you do not have possession subsequent to a divorce, you need to do more than surrender your interest in a BK. Should your ex spouse maintain control, you will need to seek court assistance via an order to the proper state authority to remove you from title. Consulting a family law attorney would serve you well.

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  2. Steven W Zachary

    Contributor Level 17

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    Lawyer agrees

    Answered . I have seen the same thing happen with mortgage companies what refused to change title over even though people had their loans discharged in bankruptcy and the homeowner left the house. They were still liable for city violations and HOA fees. Go back to divorce court and ask the judge to order the ex to pay the fines and tickets. You could also ask the judge to issue an order to the MVD to remove your name from the title of the vehicle.

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Sounds like you need to be addressing this problem in the divorce court, as bankruptcy did not affect the title to the vehicle. Hope this perspective helps!

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