Property transfer after divorce

[Mrogdog078]

I have been reading the Nolo book about property. It says to not transfer or sell cars or property within 2yrs of filing CH7.
Part of the divorce settlement, was my exwife got the paid off truck that was in my and her name. It was paid off 8-10 months before we filed for divorce.
It is in the divorce decree that she gets the truck.
I have not signed the title over to her yet and she hasn't transfered the title into her name. I told her of my filing CH&, and that she needed to get the title transferred.
My questions is can the trustee take the truck back from her to sell for the creditors? It was legally ruled that she is now the owner of the vehicle. I live in TX.

[justbroke]

My questions is can the trustee take the truck back from her to sell for the creditors? It was legally ruled that she is now the owner of the vehicle. I live in TX.

This is a real sticky topic. Since it's part of a divorce decree and property dissipation, the Court will probably recognize it. I would make sure to ask your attorney this question.

[JSFleischman]

I agree, but the fact is that the title to the truck remains in your name right now. That's where the issue gets thorny. You definitely want to poll a number of bankruptcy lawyers in your area regarding how the local judges and trustees approach the issue in the real world.