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  #1  
Old 10-25-2007, 01:15 PM
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Join Date: Oct 2007
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property issues 5 yrs after divorce


What is the name of your state? Michigan

I got divorced over 5 years ago and in the mean time I moved out of Michigan as did my ex. I am now in Ohio. My vehicle was recently paid off. I went to the Title Bureau in Ohio and I found out that 1. Need the title from MI 2. my ex's name is still on the vehicle! I don't understand why the judge at the time of the divorce did not correct this. The only thing my divorce papers say is that we are both entitled to what is in our possession. I have the car and made every single payment. I contacted the SOS in MI and they said the original title was lost. I don't know who had the original as never saw it - lien holder or dealership? They also said that both my ex and myself need to be present to obtain a duplicate title - obviously that is not posible. I am willing to drive to MI to get the title. However, the SOS in MI said my ex must be present and that a Power of Attorney form will not sufice. I don't know where to go from here. My ex is willing to sign off on the car, but he can't until we get a title and according to the SOS that is impossible. I wasn't sure if something could be done in court or where to go. Please advise!
  #2  
Old 10-25-2007, 01:27 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Boshea View Post
What is the name of your state? Michigan

I got divorced over 5 years ago and in the mean time I moved out of Michigan as did my ex. I am now in Ohio. My vehicle was recently paid off. I went to the Title Bureau in Ohio and I found out that 1. Need the title from MI 2. my ex's name is still on the vehicle! I don't understand why the judge at the time of the divorce did not correct this. The only thing my divorce papers say is that we are both entitled to what is in our possession. I have the car and made every single payment. I contacted the SOS in MI and they said the original title was lost. I don't know who had the original as never saw it - lien holder or dealership? They also said that both my ex and myself need to be present to obtain a duplicate title - obviously that is not posible. I am willing to drive to MI to get the title. However, the SOS in MI said my ex must be present and that a Power of Attorney form will not sufice. I don't know where to go from here. My ex is willing to sign off on the car, but he can't until we get a title and according to the SOS that is impossible. I wasn't sure if something could be done in court or where to go. Please advise!
**A: the judge has nothing to do with this. At the time of the divorce filing, you and/or ex should have specified how you wanted to deal with the title issue.
  #3  
Old 10-25-2007, 02:15 PM
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Join Date: May 2004
Posts: 41,459
Quote:
Originally Posted by Boshea View Post
What is the name of your state? Michigan

I got divorced over 5 years ago and in the mean time I moved out of Michigan as did my ex. I am now in Ohio. My vehicle was recently paid off. I went to the Title Bureau in Ohio and I found out that 1. Need the title from MI 2. my ex's name is still on the vehicle! I don't understand why the judge at the time of the divorce did not correct this. The only thing my divorce papers say is that we are both entitled to what is in our possession. I have the car and made every single payment. I contacted the SOS in MI and they said the original title was lost. I don't know who had the original as never saw it - lien holder or dealership? They also said that both my ex and myself need to be present to obtain a duplicate title - obviously that is not posible. I am willing to drive to MI to get the title. However, the SOS in MI said my ex must be present and that a Power of Attorney form will not sufice. I don't know where to go from here. My ex is willing to sign off on the car, but he can't until we get a title and according to the SOS that is impossible. I wasn't sure if something could be done in court or where to go. Please advise!
You may not have gotten correct information....

Normally, the loan company has physical possession of the title until such time as the loan is paid off. Then, six weeks or so after its paid off, they send it to you, or at least to the address they have on record for you.
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