Cason, TX Divorce Law Firms & Lawyers

There's obviously more to this story than you are sharing, but based upon what you have stated: If the car is in your name alone or in the name of "You or Spouse," then you are free to sell the car without her consent (that doesn't mean you should, but you can). The proceeds from the sale of the car are marital funds if the car was purchased during the marriage with marital funds or if the car was titled in your name and hers. Either way, she is not entitled to the car, but will likely be entitled to half the proceeds of sale.

The agreement between two former spouses as to which debts each will pay as part of a community property settlement is applicable to them only. Third parties are not bound by that agreement. The parties to the note are still bound by its terms and are responsible to the bank for payment. The bank can require payment from any of the individuals that signed the note regardless of what the community settlement provides. However, as between you and your ex-husband, you may be able to hold your husband personally responsible for what you are required to pay to the bank along with any damages that are allowed under Louisiana law as a result of his failure to abide by the agreement This response is for general informational purposes only and is not intended to create an attorney-client relationship. For specific advise as to your situation, you should consult an attorney. Further, laws change from time to time and this response takes into account the laws of Louisiana as of the date of this email.

You should ask to be awarded the car that is in your name and specify in the decree that the car must be turned over to you at a specific address on a specific date and time.  Figure out a way to show that she has another vehicle so you can refute her lie that your car is her only means of transportation.  The only other way to handle this so that you do not have to pay for a car you do not drive is for her to be awarded the car and be ordered in the divorce to refinance the debt on the car into a loan in her name.  That is not a fool-proof way to ensure she will refinance, however, because if she does not have good credit, she is not going to be able to refinance.