What is the name of your state (only U.S. law)? Washington
FROM PREVIOUS THREAD
What is the name of your state (only U.S. law)? Washington
Well, I have a big problem on my hands now..
I got divorced over 4 years ago. The agreement said that I was responsible for my vehicle, and she was responsible for hers.
Well, she did not want the vehicle anymore, and was either going to return it (my credit would've suffered) or I could take it.
We never changed the agreement, it was a really stupid mistake on my part.
Well, I've paid over 10,000 on the vehicle (after the divorce) and finally got the pink slip to it.
THEN! She comes back, claiming it is her vehicle (with copy of the decree in one hand) and she wants it NOW. I told her, this is completely unfair, I paid it off. I told her if she wanted it, I would be more than happy to sign a release of interest for a check for the amount I paid after our divorce.
She then proceeds to call the police. She had apparently, went to the DOL with the papers and got it switched into her name (mind you, this is 4 years after the divorce, she didn't do this until now). Police respond, and they tell her she cannot do anything because she only has registration papers (not vaild proof of ownership) and a court order that doesn't contain a VIN. I showed the officer the title, and he told her, the vehicle remains at my property (the title has my name, her name and my house address) because I was able to establish proof of ownership. He tells her to come back when she gets the updated title from the DOL.
She refuses to sign a release of interest (I had one she signed after our divorce, but she never had it notorized so I could never file it) until I pay her $5,000 (blue book price of the vehicle now) or give her my vehicle.
I have reciepts for my payments to the finance company and an un-notorized release of interest from her (probably means nothing).
What papers would I have to fill out and file to challenge her? I do not want her getting my paid off vehicle.
and yes, I realize it was a huge error on my part to not have amended the original agreement. I am just not to lose $10,000
Added Information
Well, after reading a bit, there were some questions.
Yes, in the papers she was awarded the vehicle. She was also held responsible for the car payments.
The title has BOTH of our names on it. I cannot sign the title and it be done, it needs BOTH, so I'm assuming its an "and" title. I didn't know states issued titles with Someone or Someone Else
Basically, I am asking, is there anyway I can get this into Court to have a judge look at the fact that, yes the vehicle was awarded to her, but she did not complete any payments. Had I not done any payments, this vehicle would've been history and hurt both of our credits.
The bank held the title while the payments were being made, and she never had the car refinanced, never contacted me after giving it to me until NOW. I had no idea where she had went, and was unable to find her to do anything on the title or financing after the divorce. if she would've said "I'm taking my car" right after the divorce, I would've given it to her, but after spending $10,000 of my own money, and boosting mine (and her) credit scores, I do not see how any judge would tell me that I have to just "give" her the car.
I was doing some reading, and this link (Vehicle Ownership - Family Law, Divorce, Child Custody and Adoption in Maryland | LawGuru Answers) seems to provide that I might be able to file a "declaratory judgment action".
Pretty much, all I need to know is, what the hell do I have to do to get a judge to at least look at this.
FROM PREVIOUS THREAD
What is the name of your state (only U.S. law)? Washington
Well, I have a big problem on my hands now..
I got divorced over 4 years ago. The agreement said that I was responsible for my vehicle, and she was responsible for hers.
Well, she did not want the vehicle anymore, and was either going to return it (my credit would've suffered) or I could take it.
We never changed the agreement, it was a really stupid mistake on my part.
Well, I've paid over 10,000 on the vehicle (after the divorce) and finally got the pink slip to it.
THEN! She comes back, claiming it is her vehicle (with copy of the decree in one hand) and she wants it NOW. I told her, this is completely unfair, I paid it off. I told her if she wanted it, I would be more than happy to sign a release of interest for a check for the amount I paid after our divorce.
She then proceeds to call the police. She had apparently, went to the DOL with the papers and got it switched into her name (mind you, this is 4 years after the divorce, she didn't do this until now). Police respond, and they tell her she cannot do anything because she only has registration papers (not vaild proof of ownership) and a court order that doesn't contain a VIN. I showed the officer the title, and he told her, the vehicle remains at my property (the title has my name, her name and my house address) because I was able to establish proof of ownership. He tells her to come back when she gets the updated title from the DOL.
She refuses to sign a release of interest (I had one she signed after our divorce, but she never had it notorized so I could never file it) until I pay her $5,000 (blue book price of the vehicle now) or give her my vehicle.
I have reciepts for my payments to the finance company and an un-notorized release of interest from her (probably means nothing).
What papers would I have to fill out and file to challenge her? I do not want her getting my paid off vehicle.
and yes, I realize it was a huge error on my part to not have amended the original agreement. I am just not to lose $10,000
Added Information
Well, after reading a bit, there were some questions.
Yes, in the papers she was awarded the vehicle. She was also held responsible for the car payments.
The title has BOTH of our names on it. I cannot sign the title and it be done, it needs BOTH, so I'm assuming its an "and" title. I didn't know states issued titles with Someone or Someone Else
Basically, I am asking, is there anyway I can get this into Court to have a judge look at the fact that, yes the vehicle was awarded to her, but she did not complete any payments. Had I not done any payments, this vehicle would've been history and hurt both of our credits.
The bank held the title while the payments were being made, and she never had the car refinanced, never contacted me after giving it to me until NOW. I had no idea where she had went, and was unable to find her to do anything on the title or financing after the divorce. if she would've said "I'm taking my car" right after the divorce, I would've given it to her, but after spending $10,000 of my own money, and boosting mine (and her) credit scores, I do not see how any judge would tell me that I have to just "give" her the car.
I was doing some reading, and this link (Vehicle Ownership - Family Law, Divorce, Child Custody and Adoption in Maryland | LawGuru Answers) seems to provide that I might be able to file a "declaratory judgment action".
Pretty much, all I need to know is, what the hell do I have to do to get a judge to at least look at this.
