Ex and I divorced. Ex was supposed to transfer title and loan of a vehicle out of my name. Ex never did that (appropriate POA forms were provided). Vehicle is now paid off and I am in possession of the title. The vehicle has sat untouched, in front of my house, for several years. I had to pay the last months payment as the ex did not pay it. I want to get my name off of the title and get rid of the vehicle. What are my options? I know that the ex was in contempt of court for several years, I do not want to be in contempt of court for not giving the ex the vehicle, but I feel that I have done all I can.
Family Law Attorney
My take on this issue is a little different from the others who have answered, because I see the facts differently from them. It sounds as though the court awarded your Ex the car and directed him to refinance the loan to get your name off of the existing loan? In that case, take the title to Motor Vehicle and transfer the title to him. After you do so, send him a letter telling him he has X number of days to come pick up the car and that you will report it to the police as abandoned if he does not do so. Then, when he does not come get it, report it as abandoned to the authorities and let them tow it away. As for that last payment on the loan, if you want to recover it, you will need to file a motion with the divorce court asking them to enter judgment in your favor for the amount of that payment under the indemnification section of your separation agreement or permanent orders.
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There are two issues here. The first is removing yourself from the vehicle's title. How you do this depends on whether your ex is on the title also, or if it is just you. If he is on the title as well, then you would need your ex's signature to sell the vehicle. If he is not on the title, then a new issue presents regarding whether you can sell the vehicle. I would notify your ex, in writing, that he/she has 14 days to get the vehicle, or you will request the court allow you to sell it. Assuming your ex does not get the vehicle, ask the court to allow you to sell the vehicle.
The second issue concerns the loan. It sounds like you agreed in your divorce agreement that your ex would assume the loan debt. This does not relieve you from the obligation to lender, to repay the loan however. It sounds like you recognize that and paid the loan off even though it was your ex's debt. Many divorce agreements have hold harmless provisions for these types of circumstances, and if you agreement has one, you could sue your ex to recover the money you spent. Alternatively, you could ask the Court to allow you to sell the car and use the proceeds from the sale to satisfy the debt your ex owes you as a result of repaying the loan he/she was responsible for.
Licensed in Colorado only. This response does not create an attorney client relationship, and this is not legal advice.
Mr. Baird is dead on as to both the issues and analysis of those issues, all I would is add is that a status conference with the judge (depending on how old the decree is) and/or a contempt proceeding are also available and could save some time and/or money if done correctly.
I agree with Mr. Baird. I would add, however, that going back to court can be an expensive process, and the value of the car may not warrant that expense. The ideal thing would be to reach an agreement with your ex about allowing you to sell the car, recouping any post divorce payments for yourself.
This response is not intended to create an attorney/client relationship between any individuals, and is not intended as specific legal advice.