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The motor vehicle that is in my name, but my ex husband has it in his custody and refuses to give it back. How can I retrieve it

Spring, TX |

I had a motor vehicle that was given to me by my father and is in my name. While I was married, my ex husband agreed to pay for the monthly notes on another vehicle, because we had problems with the vehicle given to me by my father. Now that I am divorced, my ex husband has stopped making payments on the vehicle, having the people to come and repo it. The deal was made by my ex husband that if I let him use the vehicle given by my father, that he would keep the payments on the new one. Now I am left with no vehicle, to get to and from work and my children to and from school.

Attorney Answers 2


  1. First, pull out your divorce decree and make sure which vehicle was given to you in the divorce. Then, if the car is yours, and if the car is where you can get to it without breaking into anything, and if you have a key, then go pick it up. If any of the above is not true, you'll have to sue your ex to get the car back.

    I recommend that in the future, you not depend on your ex to make payments on a car that you are depending on for transportation.


  2. I agree with Ms. Walter's response to your post. I strongly suggest that you do what she advices. If the car you received via the divorce decree is not the car in question, then consult with your family law attorney or get one.

    Good luck!

    My response herein is an attempt to give you general information and direction and is not intended to constitute an attorney-client relationship as perceived by state law.

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