Ex won't sign release of interest for vehicle.

[mtnbiker55]

What is the name of your state? Washington State.
Final Divorce papers give Tracker to one party and Jeep to other party. Tracker has both names on title. Ex refuses to sign release of interest so vehicle can be sold. Is there any recourse?

[I AM ALWAYS LIABLE]

Originally Posted by mtnbiker55

What is the name of your state? Washington State.
Final Divorce papers give Tracker to one party and Jeep to other party. Tracker has both names on title. Ex refuses to sign release of interest so vehicle can be sold. Is there any recourse?

My response:

Was the agreement incorporated into the final orders? What reason, if any, is he using regarding his refusal? Is either, or both, of you represented?

IAAL

[mtnbiker55]

Attorney Pro Se, my brother, is in China for awhile teaching English. He is not paying Child Support at the moment. Ex is represented by attorney.
Final papers are signed by Judge and state the division of vehicles.
Legal owner is finance company. Brother and Ex are co-Registered owners.

[LdiJ]

Originally Posted by mtnbiker55

Attorney Pro Se, my brother, is in China for awhile teaching English. He is not paying Child Support at the moment. Ex is represented by attorney.
Final papers are signed by Judge and state the division of vehicles.
Legal owner is finance company. Brother and Ex are co-Registered owners.

Maybe someone needs to explain to the ex that getting the vehicle sold gets it off of her credit.

However, I suspect that she is refusing to cooperate due to the fact that your brother isn't paying his child support.....she probably thinks that the money from the sale (if any) should come to her as a result....so she basically has her own informal lien going on.

[mtnbiker55]

I am sure that if an accident occurred, and the car was not insured, her attorney would be able to prove via the divorce papers that she was not liable in any way. Hence, in my opinion, we should be able to use the courts decision to accomplish a similar thing.
I am also sure that she thinks she should be entitled to the proceeds of the sale because of child support arrears. I don't blame her for that, but bro should be able to do with his property as he wishes. A yard sale for instance.
I was hoping someone would know how to get this sale done legally. I do not wish to take a chance and sign the title for her.

[LdiJ]

Originally Posted by mtnbiker55

I am sure that if an accident occurred, and the car was not insured, her attorney would be able to prove via the divorce papers that she was not liable in any way. Hence, in my opinion, we should be able to use the courts decision to accomplish a similar thing.
I am also sure that she thinks she should be entitled to the proceeds of the sale because of child support arrears. I don't blame her for that, but bro should be able to do with his property as he wishes. A yard sale for instance.
I was hoping someone would know how to get this sale done legally. I do not wish to take a chance and sign the title for her.

You really don't want to do anything as foolish as signing the title for her. That would be committing a crime.

You are incorrect that her attorney could automatically get her off the hook for any liability if a car accident were to occur and the car wasn't insured. Maybe her attorney could do that...maybe not.

Your brother's only option is to take her to court for contempt. (Which would be darned difficult to do since he is currently in China). She would respond by filing for contempt against him for the non-payment of child support. Odds are the judge would award any proceeds from the car to her.

Why not just make a deal with her to give her the proceeds from the sale? That makes more sense than anything else. Your brother is a duffus for not paying his child support...and you can't "fix" this for him.

[mtnbiker55]

I think the idea of giving her the proceeds of the sale is good except the finance company owns the vehicle and wants their money. I could offer her some cash to sign release paper. Cheaper by far I am sure. I may give that a shot if I can't find a way to get it done otherwise.
I could just give the vehicle up to the finance company. Out 1.5k so far though.
Hmmm, so noone thinks there is legal recourse for us I take it. Just keep making payments and hope for the best in the future?

[LdiJ]

Originally Posted by mtnbiker55

I think the idea of giving her the proceeds of the sale is good except the finance company owns the vehicle and wants their money. I could offer her some cash to sign release paper. Cheaper by far I am sure. I may give that a shot if I can't find a way to get it done otherwise.
I could just give the vehicle up to the finance company. Out 1.5k so far though.
Hmmm, so noone thinks there is legal recourse for us I take it. Just keep making payments and hope for the best in the future?

By proceeds, I mean the equity in the car, after the finance company is paid off....she will realize that the finance company has to be paid first.

No, I don't believe that you have any way to force her to sign off on it. Your brother has the option of taking it to court for contempt, as I mentioned, but he is not here to do that.

If you give up the car to the finance company, you will wreck your brother's credit.

So...you basically have only two viable options as far as I can see. Keep making the payments and let your brother handle things when he gets back....or two, offer her some cash towards your brother's child support arrearages.

Why are you out 1.5k? Did you make some deal with your brother to keep making the payments instead of him making them himself?

[mtnbiker55]

My brother has no credit at the moment. He is making payments to noone. Geographical escape. My son is making the payment to the finance company. He paid a thousand down and has been making payments the last 3 months, hence the 1.5k.
Thanks for your advice in this matter.