Question about Vehicle

[RyDel526]

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

In 2006 I purchased a new Saturn Vue. The car title, registration, loan and insurance are all in my name. I have made every payment on the vehicle and the loan is current. In March 2008, I divorced my wife. In the dissolution agreement, it stated I would pay all of the loan. I wrote the agreement myself and my ex-wife signed it. It did not state who would be awarded the vehicle. Since my two young children live with my wife, I let her keep the vehicle for transportation. She moved out of state in June 2008 and took the car. She is trying to register the car in her name and acquire insurance. For now, she is paying for insurance under my name each month. The insurance company has found out that the car is in another state and since I do not live there, according to my ex, they are dropping the policy at the end of December. She cannot register the car, nor can she get insurance. Since I have a loan on the vehicle, full coverage insurance must be kept on it. Can I go and take my vehicle away from her and bring it back to Tennessee to keep it insured? Can she do anything about me taking the vehicle from her even if it is mine?

 

[mistoffolees]

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

In 2006 I purchased a new Saturn Vue. The car title, registration, loan and insurance are all in my name. I have made every payment on the vehicle and the loan is current. In March 2008, I divorced my wife. In the dissolution agreement, it stated I would pay all of the loan. I wrote the agreement myself and my ex-wife signed it. It did not state who would be awarded the vehicle. Since my two young children live with my wife, I let her keep the vehicle for transportation. She moved out of state in June 2008 and took the car. She is trying to register the car in her name and acquire insurance. For now, she is paying for insurance under my name each month. The insurance company has found out that the car is in another state and since I do not live there, according to my ex, they are dropping the policy at the end of December. She cannot register the car, nor can she get insurance. Since I have a loan on the vehicle, full coverage insurance must be kept on it. Can I go and take my vehicle away from her and bring it back to Tennessee to keep it insured? Can she do anything about me taking the vehicle from her even if it is mine?

Do you have a court order which addresses division of assets or did you simply sign something with your ex?

What specifically does the agreement say with respect to the car?

If:
1. You have an agreement signed by the judge
and
2. The agreement doesn't address ownership or use of the vehicle
and
3. You knowingly left the vehicle in her hands,

then you may be stuck. The court might well decide that you were treating the vehicle as her personal property even though you agreed to pay the loan. The fact that she needs it to get to work is going to strengthen that argument.

One other thing you might look at - the spreadsheet or chart you used to allocate assets when you divided them. If you put the car on her side, then it's hers.

You could go back to court for a clarification, but I would first consult with an attorney to see if it's a waste of time (as it well may be).

 

[LdiJ]

If insurance is the main concern, then talk to your insurance agent. The car is certainly insurable, its simply that it may need to be insured in the state where it is located.