How do you surrender a vehicle to my ex?

Question

I currently am financing a vehicle with my ex husband. I have been unsuccessful in trying to refinance it in my own name because of the amount of the loan for the vehicle. I have since purchased my own car. How can I surrender this vehicle to him LEGALLY without a judge looking down on me for it?

Answer 1

You would need to contact the DMV for a :
The Notice of Transfer and Release of Liability (NRL) is the form used to notify the Department of Motor Vehicles (DMV) that you have sold or transferred your vehicle or vessel to another party. It is used only when the registered ownership of the vehicle or vessel has changed. Legal owner transfers (transfers between lenders or removal of a lienholder from the title) do not require an NRL.

How Does the Notice of Transfer and Release of Liability Protect Me?

When this form is properly completed and the information is recorded by DMV, liability for parking and/or traffic violations and civil litigation resulting from operation after the date of sale becomes the responsibility of the subsequent purchaser.

When Does the Law Require Me to Notify DMV?

Whenever you sell or transfer your vehicle or vessel, Vehicle Code §5900 states that you must notify DMV within five calendar days following the sale or transfer.

Does the NRL Remove My Name from DMV's Records?

No. Only the buyer's application for transfer, using the endorsed title received from you, can do that. However, when the information required on the NRL is received by DMV, you are no longer responsible for civil or criminal actions arising with the vehicle after the date of sale.

For example, you will not be liable for:

parking or traffic violations resulting from operation of the vehicle after the sale or transfer date, or
civil litigation resulting from use of the vehicle after the date of sale.
NOTE: In the case of a suit or complaint, the court is responsible for determining if you have complied with the law and are exempt from civil and/or criminal liability.

Additionally, when the NRL information is received by DMV and the vehicle record is marked, no further renewal billing notices will be mailed to you for the reported vehicle.

What Information is Needed on the NRL?

The Vehicle Code requires you to provide DMV with the following information:

Date of sale
Owner of record's name and address
Buyer or transferee's name and address
Description of the vehicle or vessel including the
vehicle (or vessel hull) identification number
year model
vehicle make or vessel builder
vehicle license plate or vessel CF number
Vehicle odometer reading as of the sale or transfer date
If any of this information is missing, erroneous, or illegible, the department may be unable to update the computer record and/or these conditions may disqualify your liability exemption.

Must I Complete the NRL Myself?

No. However, completing and mailing the NRL personally is the best way to ensure that DMV gets all the information in a timely manner. You may have someone else complete and file the NRL on your behalf if they are in possession of the vehicle at the time of sale. For example, if your brother sells your car for you while you are away on vacation, he can complete and file the NRL with the department.

NOTE: For your protection it is strongly suggested that you make a photo copy of the completed REG 138 form for your file.

This information was obtained on the California DMV site however the same should apply in your state. Just check the DMV web site. Good Luck!

Answer 2

You can sign over the title certificate to him. Unfortunately this will not get you out of the loan. Since you co-signed the loan you are stuck with it and I doubt that the bank will let you out of the loan even if you're no longer on the title. They will need you, if the ex stops making payments. Consequently, it's on your credit record too. The divorce court judge can order the ex to make the payments, but he can't order the bank to release you from the loan agreement, since they are not a party to the divorce case and so he has no legal authority over them.

If the ex is ordered to make the payments but doesn't, and the bank comes after you, you then have a claim against your ex to reimburse you for what you had to pay.

Perhaps you should both agree to trade the car in/sell it; pay off the bank, and be done with the car and the loan.

Answer 3

deliver the money as much as this element to save your credit. Get your lawyer to artwork imposing the divorce settlement and taking the truck from him. sell the automobile, pay off the stability of the indoors maximum loan. Then sue the ex on your out of pocket stability.