Will my ex be responsible for the deficiency as well in the divorce and how do I include that in the divorce filing if we are both on the loan?

If he drives it then he is responsible for the loan so make sure you bring this to the attention of the divorce court. Use of a lawyer is recommended.

If both names are on the loan, you both have responsibility on the note. Judge may order him to pay but he can file for bankruptcy the day after the Final Judgment is entered and place 100% on you.

If you both bought the truck, you are both responsible for the deficiency, HOWEVER, that is a negotiable item to be discussed and, hopefully worked out by the 2 of you rather than the Judge. Have you considered Mediation? Mediation is fast, effective and affordable.

If the truck was purchased during the marriage, and therefore the loan was incurred during the marriage, then the deficiency will likely be a marital debt that is subject to equitable distribution by the court between you. It should be listed on your financial affidavit as a liability in the marital debt column, or with the marital box checked. As a practical matter, if you are both on the loan and you surrendered the vehicle, and there is a deficiency, your credit most likely already shows a repossession or voluntary repossession, and the deficiency, on both of your credit reports. You could ask the court to utilize other marital assets, or cash, or the proceeds from sale of another marital asset to satisfy the deficiency.

The bank is owed money from either or both of you. You cannot be relieved of the debt by agreement with him or a court order between you saying who is responsible for the debt. Consult with a divorce attorney.