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UNCONTESTED DIVORCE IN TEXAS (DIVORCE DECREE)

Carrollton, TX |

Hello , I am in the process of filling Divorce decree for uncontested divorce in Texas. I had a car before I got married , but now the car is on both of our names. My question do I need to mention that car is divorce decree when in fact me and my wife mutually agreed on terms internally about who is keeping the car? Thanks

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Attorney answers 3

Posted

Yes it should be listed in the decree. What if your wife is not available after the divorce is final and you need to transfer the title? You need to consult with an attorney about this process.

The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.

Posted

Yes, all assets should be listed in the decree, but especially th big ones. It protects both of you. Please consult a Family attorney in your local area. Many attorneys, like myself, give a free initial consult and can give you clearer guidance based on all the specific facts of your case. We so often see problems that are way more expensive to fix, if they re fixable, than the cost of having an attorney draft it correctly to begin with.

This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.

Posted

Yes, list the car. There should be a section in your final order where you confirm each other's separate property. List the car in that section. I'm assuming there are no reimbursement issues being raised by your spouse regarding any payments that might have been made on the car during marriage or payments for insurance on the car made during marriage.

You will want to get the car retitled into your own name. You should either have your spouse sign a Power of Attorney to Transfer Title of Motor Vehicle (best choice) or make sure that the divorce decree says that the car is your sole and separate property; that she is divested of all right and title to the car; and that the decree of divorce serves as a muniment of title for all property awarded in the decree. That way, if she does not sign the POA, you can use the final decree of divorce as your legal authority to sell the car one day.

Good luck!!

Thomas James Daley

Thomas James Daley

Posted

One thing I wanted to add is that you and your wife should pay an attorney for a couple hours of work to review your decree and any necessary closing documents to make sure it's all correct. Judges will sign almost any decree you put in front of them because they respect your right to enter into agreements with each other. However, that does not mean the order does what you thought or hoped it would do (how would a judge know your hopes or thoughts?). For that reason, it's a good idea to ask an attorney to sit down with you and your wife and read through the decree for you. Kindest regards,

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