QUESTION
Is my ex really unable to sign over our car to our daughter because he is filing bankruptcy?
Asked on Feb 03rd, 2016 on Bankruptcy - Ohio
More details to this question:
My ex husband is filing for bankruptcy. In the divorce settlement it is agreed that a vehicle in his name is to be the property of our adult daughter who has been making the payments since 11/14. He is now saying he cannot sign the vehicle over to her. Is he right?
7 ANSWERS
Derek W. Freeman
If your ex signs the car over to your daughter, the trustee will probably assume he's trying to hide assets that would otherwise belong to the bankruptcy estate. However, if he can show the court order requiring him to do so he may be able to do it.
Answered on Mar 03rd, 2016 at 3:39 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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He should discuss how to accomplish such a transfer with his lawyer. If he has not retained one, today would be a good time to locate and retain an experienced BR lawyer to help him. If he won't be wise about this, you can hire your own lawyer to represent your daughter's interests. There are some things which can be tried. Good Luck.
Answered on Mar 03rd, 2016 at 3:39 AM
Wrong. Pay an experienced bankruptcy lawyer for an hour of their time to discuss this matter with you.
Answered on Mar 02nd, 2016 at 3:44 AM
Without knowing all the details, I cannot say absolutely one way or another, but it is foolish to make any transfers of property right before filing bankruptcy because a bankruptcy trustee could come back and seek money or the return of the vehicle from your daughter.
Answered on Mar 02nd, 2016 at 3:41 AM
2 Awards
If she can show she has made all payments then he can transfer over to her and she can defend any trustee argument that it was a preferential transfer.
Answered on Mar 02nd, 2016 at 3:41 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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He can but it may cause your daughter to be sued. Not good.
Answered on Mar 02nd, 2016 at 3:40 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, your ex has only the legal title to the vehicle, your daughter is the owner. Your ex can sign the vehicle over to your daughter.
Answered on Mar 02nd, 2016 at 3:39 AM