Is my ex really unable to sign over our car to our daughter because he is filing bankruptcy? 10 Answers as of March 03, 2016

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?

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Freeman Law Group, LLC
Freeman Law Group, LLC | Derek 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.
Answer Applies to: Colorado
Replied: 3/3/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
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.
Answer Applies to: Wisconsin
Replied: 3/3/2016
Ronald K. Nims LLC | Ronald K. Nims
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.
Answer Applies to: Ohio
Replied: 3/2/2016
Stephens Gourley & Bywater | David A. Stephens
As long as she is making the payments he can sign the car over to her.
Answer Applies to: Nevada
Replied: 3/2/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Wrong. Pay an experienced bankruptcy lawyer for an hour of their time to discuss this matter with you.
Answer Applies to: Colorado
Replied: 3/2/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    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.
    Answer Applies to: Nevada
    Replied: 3/2/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    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.
    Answer Applies to: Nevada
    Replied: 3/2/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    He can, but he will have to explain the transfer. He should have listed the asset as belonging to her in a "resulting trust." - meaning he is the record title holder only, the beneficial interest belonging to the daughter. If he has a lawyer this is an easy fix. If he will not cooperate the adult daughter can take action in the bankruptcy court, but it that will cost her attorneys fees.
    Answer Applies to: California
    Replied: 3/2/2016
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    He can but it may cause your daughter to be sued. Not good.
    Answer Applies to: Michigan
    Replied: 3/2/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Could be. He needs to speak to his attorney. If you have all the proof then it should be fine.
    Answer Applies to: Florida
    Replied: 3/2/2016
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