Full question:
I have been divorced for 4 1/2 yrs. My EX died in Ohio On Oct 4, 2010. I get a note from his lawyer in Indiana where we had lived. This Lawyer wants me to sign a document giving her ownership Of a 2001 Jeep Grand Cherokee we owned jointly and was paid off by a bankruptcy in my name only. S I don't know why his lawyer and not his family pay for the burial. Our divorce decree says nothing about the Jeep. How I see it is I own the Jeep since it was in both our names. This lawyer is in Valparaiso IN. and apparently has the Jeep. Like I said I believe I am the owner of the Jeep. I would like my brother who lives there to pick up the Jeep from her.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Nevada
Answer:
When a vehicle is financed, it is titled in the names of the owners, but the finance company holds a lien on it. If your bankruptcy discharged the debt, the creditor cannot pursue it further. It seems a release of lien was not filed, and the attorney is trying to address that. However, the finance company cannot release their lien with just your signature as a co-owner.
If the vehicle was not addressed in the divorce, your ownership depends on how it is titled. If titled as joint tenants with right of survivorship, you would inherit your ex's share. If titled as tenants in common, both parties have an undivided interest, and each can sell or will their share. In this case, a court must oversee the transfer of the deceased's interest.
We recommend consulting a local attorney to review your documents and provide guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.