Ex-husband defaulting on joint truck loan

i live in washington. ex-husband got 1999 dodge truck in divorce. divorce states he is responsible for payments and he is to do whatever it takes to get my name removed from the title within a reasonable amount of time. divorce was final in april 2002. it is in both our names and the bank will not take my name off. he has to sell, trade or refinance, he cant because he has bad credit now and he refuses to sell. i found out that he is late on payments and let his insurance expire. bank is charging extra for insurance coverage now. i am affraid the bank will repo soon. what can i do to protect myself? can i legally take truck if it comes to that point? i don't want to make payment if he has the truck. can i do something to get my name off? please help!

michellebailey said:

i live in washington. ex-husband got 1999 dodge truck in divorce. divorce states he is responsible for payments and he is to do whatever it takes to get my name removed from the title within a reasonable amount of time. divorce was final in april 2002. it is in both our names and the bank will not take my name off. he has to sell, trade or refinance, he cant because he has bad credit now and he refuses to sell. i found out that he is late on payments and let his insurance expire. bank is charging extra for insurance coverage now. i am affraid the bank will repo soon. what can i do to protect myself? can i legally take truck if it comes to that point? i don't want to make payment if he has the truck. can i do something to get my name off? please help!

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My response:

All you can legally do at this point is haul his buns back into court on an "Order to Show Cause - Re: Contempt of Court". Bring all of your documentary evidence with you, and have him explain to the court why he shouldn't be jailed for his failure to follow the court's order.

IAAL

I have been in this exact situation. Because your name is still on the truck, you have legal rights to it. Simply find the truck and drive away with it. Store it somewhere where he can't find it. Call your local dealerships and let them know you have a truck you'dl ike to sell back to them. Sell them the truck and give the money to the bank where you have the loan. I didn't have a key to my husband's truck but I was able to go to the dealership where we bought it and had another key made. I went to my ex's son's baseball game and quietly drove the truck away while he was watching his son play. Needless to say, he was very angry when he went to leave and his truck was not there. He came straight to my house and brought the police. The police ran the plates, saw that both our names were on the title, and proceeded to explain to my ex that I have just as much right to the truck as he does. As it turns out, my ex got his father to re-finance the loan and took my name off of it and I gave him back the truck. It's amazing what these guys CAN do when pushed into a corner!! Good luck!!