Getting a Divorce in California, how do I get my...

[knightrider235]

...name off of a Car Lease? My husband and I are seperated (not very long) and I feel a divorce is close at hand. The only community property we have together is his truck. When I file for divorce how do I get my name removed as the co-signer on his truck?If it helps any I was the primary signer on the Truck, we purchased it during the marriage and it has the longest lease possible on it!

[Colleen O]

I suggest you talk with your lawyer NOW about getting your name off NOW because after the divorce you will still be liable for any payments that he doesn't make on that truck.

[hexeliebe]

You don't. Not until the court divides up the debt and property. The lien holder is not a party to your divorce and could care less who's name is on the note.Inform your attorney that you want your name off the lease. Of course, your ex will say no so you had better have something to bargain with.TO ADDRESS TWO ADDITIONAL POSTS:Ownership of the vehicle is determined by the title only. In this case, it could have been a purchase before the marriage and she co-signed. If that is the case, then the truck itself belongs to him as pre-marital property. Only the debt belongs to both of them.HOWEVER, if the truck was purchased DURING the marriage OR if the truck was refinanced during the marriage, then it is marital property.Property statutes are very clear on the issue. A pre-marital asset remains so during the life of the marriage unless it is converted to a marital asset during the marriage.One way for this to occur is to refinance the asset. Whether it be a home, an auto or any other asset, once refinancing during the marriage occurs, the asset is converted (FROM THAT TIME ONLY) to a marital asset.For example, the truck cost $25,000 new a year before the marriage. At the time it is refinanced, it is worth $20,000 and the marriage has occurred. If the truck is refinanced for $15,000 the marital property value to each party would be HIM: $17,500 and HER: $7,500.In the above scenario, the marital debt would be $7,500 each.And while both may have a property interest in the truck because of marital property laws, unless her name is on the title in the following format: HIM OR Her, she cannot unillatterally sell the vehicle.In fact, neither can sell the vehicle during a divorce action unless they want to be charged with a misdemeanor conversion of assets.

[DillHole L]

the truck itself and the debt behind the truck are both yours, a judge would likely allow you to get off the lease if and only if the lease holder approves it

[Penny Candy]

Talk to an attorney

[flyfish_777]

You don't. You pay the truck off, get a new loan in his name with only his name on the title. Or you sell the truck.

[daddy's girl]

You have to pay it off or hope that he does . What you get a 3 year lease ? Better hope he doesn't tear the truck up in that time when you take it back any damage on it they will charge you for it.