Legal Question in Family Law in Florida

My wife and I have been seperated for 3 years and she is demanding that I get my truck refinanced and her name taken off. Financially I can not do that...what right does she have. She is saying she can come get the truck and sell it without my permission.


Asked on 1/30/10, 5:00 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

It depends how the truck is titled. If it is titled you AND she, then she can't take convey title without your signature. If it is titled you OR she, then she can. If she's merely a co-signer, she does not have rights to the truck unless you default on the laon.

If she sells the truck and conveys title without your permission, you are not completely without recourse. You would be entitled to the proceeds from the truck's sale, equivalent to the equity which you paid in the truck.

If I may make a suggestion... if she can sell the truck, perhaps you should sell the truck first(have control over its sale), then take the proceeds and buy another truck/vehicle without her.

Hope that helps.

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Answered on 2/06/10, 3:32 am


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