I got car in divorce. other party has disappeared and have no way of locating him. Now I want to sell the car, but can't get him to sign. This is in maryland
Because the car is titled in both names, you will need to have title placed in your name.
Technically, your case is a Post Judgment (Divorce) Contempt matter. Your Ex is in contempt for his failure to execute the title (I am assuming that the car was awarded to you in the divorce.)
I would first try to locate him via: Facebook, skip trace (at most, a $100 via a PI), past employers, Google search, or through his parents, friends, or siblings. If that does not work, then you will need to file a Motion for Contempt and for the Appointment of a Trustee in the Court where you were divorced.
The Court will eventually appoint a Trustee to execute the title on his behalf. It will cost you nominal amount of money to have a Trustee sign the title. Keep a file of your efforts to locate your Ex.
I do not know if there is a "pro-se" form for the appointment of a receiver. There are pro-se forms for Contempt. Personally, I would have an attorney do this.
I am licensed to practice law in MD and DC only. You should seek the assistance of Counsel barred in your State for legal advice. This response is for educational purposes only and is in no way to be deemed a legal opinion of Counsel. This response is in no way to be considered that I have consented to be your attorney or that you have retained me as your attorney.
Another, possibly simpler route, would be to file a Writ of Mandamus. While it sounds complicated it isn't really. A Writ of Mandamus asks the court to instruct another branch of government, in this case the executive branch in the form of the MVA, to do something. And here, you would be asking the court to direct the MVA to reissue the title in your name alone for the reasons cited above. You probably would need to hire an attorney to do that. Whether or not it is easier or cheaper than the approach suggested by Mr. Shechtel above is unclear. Good luck!
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