Divorced now is my car stolen or not stolen

[a_denton27]

What is the name of your state (only U.S. law)? Indiana

My ex-husband and I divorced and in the divorce decree it states that I "shall be held harmless" he has been late 30 days 15 times, he has also been 45 and 60 days late before. The bank keeps calling me and I decided that I wanted the vehicle myself. Well he doesn't have the car he gave it to someone else and won't let me get it or let me know where it is. My name is on the title it is "and" he is the signer and I am the co-signer the car is still registered in my name and the BMV website says that it hasn't been renewed since 2007. I want the car but the cops said they can't help me till they decide if it is actually my property or not. The bank says the loan is still my responsibility no matter what the divorce decree states, can I report the car stolen? I have proof from the bank that it is still mine all the registering information from the BMV website and my divorce decree. I really need help, we also live in 2 different counties but in the same state. Thank you.

 

[justalayman]

if the title is in both names, each has the right to possession of the vehicle so no, the car is not stolen and the police have no right to interfere with this civil matter.


Since your divorce decree spoke to the car issue, it sounds like you need to get back into court and ask the court that the ex take care of business as the decree states.

Oh, btw: if your decree states he gets the car, if you take the car, you could be found in contempt of court.

 

[a_denton27]

if the title is in both names, each has the right to possession of the vehicle so no, the car is not stolen and the police have no right to interfere with this civil matter.


Since your divorce decree spoke to the car issue, it sounds like you need to get back into court and ask the court that the ex take care of business as the decree states.

Oh, btw: if your decree states he gets the car, if you take the car, you could be found in contempt of court.

His lawyer even told me he was in contempt and to file against him because he didn't take my name off the registration or loans. I still own the vehicle, the bank says so the BMV says so. He gave the car to someone else when the title says "and" not "or" and the lien is not being paid either by whomever has the car. I also have a truck with him I am the primary and he is the co.

 

[justalayman]

well, he isn't really in contempt of court until the judge says so but his actions would make it appear as if he is worthy of the charge.


He can be found to be in contempt because he is not following the court order. That is the same reason you could bring a contempt of court charge on yourself of you resort to self help and take possession of the car.

You need the courts approval to do what you are considering. It might be possible but since this is all part of a divorce decree, it could cause a lot of grief to change it.

 

[a_denton27]

well, he isn't really in contempt of court until the judge says so but his actions would make it appear as if he is worthy of the charge.


He can be found to be in contempt because he is not following the court order. That is the same reason you could bring a contempt of court charge on yourself of you resort to self help and take possession of the car.

You need the courts approval to do what you are considering. It might be possible but since this is all part of a divorce decree, it could cause a lot of grief to change it.

The car is my property is says sole "possession" not sole "title" my name is on the title still I checked with the bank this evening. My name is still on the registration if he gave the car to someone else and doesn't have possession of it and I didn't give permission for him to do so...they can't register the car and it hasn't been registered since 2007.

 

[justalayman]

you go do what you want. If you want to deal with contempt of court, who am I to argue with you?


I'm just telling you if you act contrary to the court order you are in the same boat as he is. Judges do not like it when a person wants action against the other party when they are doing things just as bad.

I didn't give permission for him to do so..

but I presume your ex did and since his name is on the title too and you said the divorce states he is to have that car, everything is on his side.

you need to go to court and have the judge deal with this. You taking action by yourself could end up with you being the bad guy in court.

 

[mistoffolees]

The car is my property is says sole "possession" not sole "title" my name is on the title still I checked with the bank this evening. My name is still on the registration

You seem to be confused.

DMV thinks it's your car, but the divorce court order says otherwise. If you take it back, DMV won't care, but you will be in contempt of the divorce decree. Don't go there.