Dividing Rented or Financed Property

[ConfusedDaddy]

New Mexico
95% of our property is either rented *home* or financed *almost everything else*. Some of the items she will not be able to pay on because when we do divorce, she will lose military dependants status and access to the facility and the cards/accounts. Can she claim those items even though she will have no financial ability to them? Also if the landlord has drafted a lease agreement (we have not had one nor has the landlord felt the need to) with only my name on it, can she be legally removed and what is the procedure/time frame on that? On the items that are owned, if they were bought for the use of our daughter, would those items go with our daughter?
We also have a vehicle we both signed on, as did my dad *co-signer* how do we handle that?

[Mr. Knowitall]

You can divide your assets as you wish. If you cannot agree, the court will decide for you. Normally if an asset has an associated lien or similar obligation, the person receiving the asset is responsible for the payment - although that can be negotiated as well. If your daughter is a minor, "her" stuff gets divided along with the rest of the marital estate - which makes sense, given that she'll need stuff at both of her homes.

It's up to the company that made the sale on terms or lease to determine if they'll release the other spouse from the contract.

With the car, unless she can refinance or you can somehow get your father removed from the loan, I personally would want to keep it - I would risk my own credit to some degree in a divorce, but I would not put my father's neck (credit score and potential liability for the balance of the car loan) on the line if my ex decided that the car payments weren't a priority.