• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

battle over titles of ATVs that i payed for but are in my ex's name

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jdupree16

Junior Member
What is the name of your state (only U.S. law)? Florida

i divorced my husband in december, in the court papers i was required to take over certain debts. One of those debts was my childrens four wheeler payments. My ex recently contacted me asking me to pay off the four wheelers and he would put my name on them. I had him sign a notorized letter that read "To the attention of whom it may concern, stating on 5/13/2013 that when Tiffany pays both four wheelers off in full,her name will be put on the titles. Point forward, if and when children want to use either four wheeler, they must be assessable to get regardless of which parent has guardianship of the children at time." I also have a conversation between me and him saying to pay them off and he will put my name on the title. Well i payed the balance of $3900.00, in addition to having proof that i have payed for every penny of both of the four wheelers. He is refusing to take his name off of the title, just says he will "add" my name. I do not want him to have access because he abuses them without the kids as well as does not make my children (8 and 13) wear helmets which i also have pictures of and that is very unsafe. Is this something i can take to court to get the titles in my name only?

Thank you
 


justalayman

Senior Member
So you want him to comply with what you read the contract to be regarding g your name on the titles but you do not want to fulfill the requirements placed on you

Is that what you saying?
 

jdupree16

Junior Member
So you want him to comply with what you read the contract to be regarding g your name on the titles but you do not want to fulfill the requirements placed on you

Is that what you saying?

I did fulfill my requirements, i have both titles in my hand paid off. They are in his name and he is not willing to sign the titles to me, i have all proof that i have paid for them completely on my own.
 

sandyclaus

Senior Member
...My ex recently contacted me asking me to pay off the four wheelers and he would put my name on them. I had him sign a notorized letter that read "To the attention of whom it may concern, stating on 5/13/2013 that when Tiffany pays both four wheelers off in full,her name will be put on the titles. Point forward, if and when children want to use either four wheeler, they must be assessable to get regardless of which parent has guardianship of the children at time."...
So, he wants to keep his name on the titles as well. He's allowed to do that. After all, all you asked was not that your name be put on them, not that his name would be removed and replaced with your own. That's what he did - added your name.
 

jdupree16

Junior Member
So, he wants to keep his name on the titles as well. He's allowed to do that. After all, all you asked was not that your name be put on them, not that his name would be removed and replaced with your own. That's what he did - added your name.

so the proof that i payed them in full, proof that my children are in danger with them in his possession, and those statements that he will do that isnt worth taking to court? i payed every penny for them and have record of it, he doesnt deserve to have them.
 

Ohiogal

Queen Bee
so the proof that i payed them in full, proof that my children are in danger with them in his possession, and those statements that he will do that isnt worth taking to court? i payed every penny for them and have record of it, he doesnt deserve to have them.
Grow up. The contract you read states the children will have access to them regardless with which parent they are with and that your name will be added. NOWHERE does it state that dad doesn't get access and that dad's name must be removed from the title. Who was granted the four wheelers in the divorce by the way?
 

justalayman

Senior Member
The part you are not wishing to comply with would be that he have acces to the atv's when allowed per the contract. Then, as others have stated, there was nothing about removing his name from the title but adding yours. With contracts, an ambiguity is interpreted most favorable to the party that did not write the contract. You stated you wrote the contract so the interpretation of whether it requires your name to be added along side your ex's name or replace his name will likely be interpreted to be the first.

Sorry but that is the position you put yourself in. While I understand your intent, that is just not what your contract reflects.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Florida

i divorced my husband in december, in the court papers i was required to take over certain debts. One of those debts was my childrens four wheeler payments. My ex recently contacted me asking me to pay off the four wheelers and he would put my name on them. I had him sign a notorized letter that read "To the attention of whom it may concern, stating on 5/13/2013 that when Tiffany pays both four wheelers off in full,her name will be put on the titles. Point forward, if and when children want to use either four wheeler, they must be assessable to get regardless of which parent has guardianship of the children at time." I also have a conversation between me and him saying to pay them off and he will put my name on the title. Well i payed the balance of $3900.00, in addition to having proof that i have payed for every penny of both of the four wheelers. He is refusing to take his name off of the title, just says he will "add" my name. I do not want him to have access because he abuses them without the kids as well as does not make my children (8 and 13) wear helmets which i also have pictures of and that is very unsafe. Is this something i can take to court to get the titles in my name only?

Thank you
You are both idiots for allowing your children to operate an ATV, helmets or no helmets!

Secondly, who was the other idiot that represented you in the divorce case that permitted a decree requiring you to assume the debt on the ATVs with your ex retaining sole ownership?

Thirdly, this so-called “agreement” that you two geniuses patched together doesn’t mean squat. Why?

Because there is no consideration to support it. You were already obligated to pay off the loans.

And why would you be asking whether on the basis of this “to whom it may concern thing” that a court would grant you sole ownership of the ATVs in face of the language - “her full name will be put on the titles”.

Also, which one of you came up with the misnomer “guardianship” as in “ . . . regardless of which parent has guardianship of the children . . . “? Is it because neither of you can spell “custody”?

Lastly, please don’t assist your children in their school homework; especially lessons in spelling and English grammar!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top