MY truck- he won't return it

[milspecgirl]

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

Everything was amicable in our divorce (hearing set for march). I agreed he could keep the truck in my name only and try to refinance as long as he kept up the payments. There is nothing in divorce papers about it cause he planned on refinancing before it got to court.

He has missed 3 payments. I have told him I am coming to get the truck (gonna try to sell it) and he says no, he won't let me have it. I can get a copy of the registration (in my name only) and get a key cut. My question???? Am I within my legal rights to go to his house and just take it out of his driveway????
and what about his personal effects in it? I'm not gonna hang around long enough for him to clean it out seeing as how he is adamant I not take it- my plan is to be gone before he even knows it. Of course, I will call the police so they don't run around looking for a stolen truck and I plan to call him once I am gone with it

 

[mistoffolees]

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

Everything was amicable in our divorce (hearing set for march). I agreed he could keep the truck in my name only and try to refinance as long as he kept up the payments. There is nothing in divorce papers about it cause he planned on refinancing before it got to court.

He has missed 3 payments. I have told him I am coming to get the truck (gonna try to sell it) and he says no, he won't let me have it. I can get a copy of the registration (in my name only) and get a key cut. My question???? Am I within my legal rights to go to his house and just take it out of his driveway????
and what about his personal effects in it? I'm not gonna hang around long enough for him to clean it out seeing as how he is adamant I not take it- my plan is to be gone before he even knows it. Of course, I will call the police so they don't run around looking for a stolen truck and I plan to call him once I am gone with it

I think you're looking for trouble.

Go back to court to amend your divorce filing to say that he has to get current on the payments within 10 days and refinance within 30 days or the truck must be sold.

 

[LdiJ]

There is another option that I have seen work, IF you have the money to bring the payments current.

You can contact the lender, and explain the problem. You can tell them that you are more than willing to bring the payments current if you can gain possession of the vehicle.

Then, when they repo it (which I am sure that they are about to do since 3 payments have been missed) you can pay them and hopefully you will have arranged for them to turn the car over to you.

 

[milspecgirl]

I don't have the money to bring it current either. I was going to call them and explain and ask for time to try to sell it or tell them they could have it

amending the divorce filing is going to be hard. We did the papers ourselves and to amend with that kind of thing I'm gonna have to look into an atty plus I am 200 miles away from there meaning that I am going to have to make trips back and forth.

can i legally go get it? I really could care less about stirring crap up with him- he just sold my jewelry ( which I left accidentally and he was "going" to send to me) that was to go to my kids (was stuff their dad had given me)

so, i'd say amicable is off now

 

[LdiJ]

I don't have the money to bring it current either. I was going to call them and explain and ask for time to try to sell it or tell them they could have it

amending the divorce filing is going to be hard. We did the papers ourselves and to amend with that kind of thing I'm gonna have to look into an atty plus I am 200 miles away from there meaning that I am going to have to make trips back and forth.

can i legally go get it? I really could care less about stirring crap up with him- he just sold my jewelry ( which I left accidentally and he was "going" to send to me) that was to go to my kids (was stuff their dad had given me)

so, i'd say amicable is off now

Its titled in your name and it was not awarded to him in the divorce, so yes, you can definitely go get it.

However, most vehicle loans are upside down, therefore the odds of you being able to sell it for enough to pay off the loan is fairly slim, particularly these days. If its going to get repo'd anyone, just tell the bank where it is so that they can go get it.