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nunyabeeswax

Junior Member
I was divorced in 2002 and since meeting to sign the divorce documents I have not seen or spoken to my ex-husband. I moved to California and have been told by the DMV that I am unable to register a vehicle that my ex and I co-financed together unless I am 1) able to obtain his signature or 2) refinance the vehicle to take his name off. The tricky part is that all contact information I have for him is no longer valid. After requesting documents from the NV DMV and searching deed records online, I have been able to confirm his current address (no phone number) and have tried contacting him via certified mail and ups priority requesting he contact me verbally or in writing to resolve this matter and he has not. I'm down to the last year of paying off the vehicle and not only would like to be able to drive it (have not driven the vehicle in over 5 years as a result) but, also would like to avoid any issues with the title once the vehicle is paid. What legal options do I have to take care of this? Is there some sort of legal strong arm I can use to get him to contact me about this? I'm at a loss. I've explained my situation to both the DMV and court but, I can't seem to get a clear answer as to what options I have to resolve this.
 


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mistoffolees

Senior Member
nunyabeeswax said:
I was divorced in 2002 and since meeting to sign the divorce documents I have not seen or spoken to my ex-husband. I moved to California and have been told by the DMV that I am unable to register a vehicle that my ex and I co-financed together unless I am 1) able to obtain his signature or 2) refinance the vehicle to take his name off. The tricky part is that all contact information I have for him is no longer valid. After requesting documents from the NV DMV and searching deed records online, I have been able to confirm his current address (no phone number) and have tried contacting him via certified mail and ups priority requesting he contact me verbally or in writing to resolve this matter and he has not. I'm down to the last year of paying off the vehicle and not only would like to be able to drive it (have not driven the vehicle in over 5 years as a result) but, also would like to avoid any issues with the title once the vehicle is paid. What legal options do I have to take care of this? Is there some sort of legal strong arm I can use to get him to contact me about this? I'm at a loss. I've explained my situation to both the DMV and court but, I can't seem to get a clear answer as to what options I have to resolve this.
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One of the options they gave you was to refinance the car to take his name off. Since you're down to one year remaining, why won't that work for you?
 
LdiJ

LdiJ

Senior Member
mistoffolees said:
One of the options they gave you was to refinance the car to take his name off. Since you're down to one year remaining, why won't that work for you?
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If that really would be possible, it would certainly be a solution. However, I am not sure that's really possible. I would think that a lender would still want his signature. However if the divorce decree specifically identifies the car that might be enough.
 
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mistoffolees

Senior Member
LdiJ said:
If that really would be possible, it would certainly be a solution. However, I am not sure that's really possible. I would think that a lender would still want his signature. However if the divorce decree specifically identifies the car that might be enough.
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That was what I was thinking. A court order stating that she gets the car might be sufficient for the lender to put it in her name.
 
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nunyabeeswax

Junior Member
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Thanks for quick responses! Yes, when I attempted to have the vehicle refinanced they require his signature.

With regard to the divorce decree, when we divorced we did not have anything written into the decree with regard to whom was taking what. I was told by the DMV that if I am able to show this in our divorce papers they would be able to register the vehicle solely in my name. Is there anyway to have the divorce decree ammended now? Or what type of court order should I be asking for with regard to having the lendor put the vehicle in my name?
 
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mistoffolees

Senior Member
nunyabeeswax said:
Thanks for quick responses! Yes, when I attempted to have the vehicle refinanced they require his signature.

With regard to the divorce decree, when we divorced we did not have anything written into the decree with regard to whom was taking what. I was told by the DMV that if I am able to show this in our divorce papers they would be able to register the vehicle solely in my name. Is there anyway to have the divorce decree ammended now? Or what type of court order should I be asking for with regard to having the lendor put the vehicle in my name?
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That changes the situation entirely. Your original post sounded like you had a right to the car. Instead, you're now saying that it was never decided who would get the car - so the DMV did the right thing by not letting you title it.

You're going to have to go back to court to amend your decree to make sure that those issues are settled. Frankly, if either of you had an attorney who let you reach a settlement without addressing property issues, they should be fired.

You need to decide who gets what, put it in writing, and then submit it to the court for modification. Then the DMV can title the car to whoever is entitled to have it. If the issues aren't too complex, you can probably do it without an attorney, but only if you don't open up lots of other issues.
 
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nunyabeeswax

Junior Member
Unsure of what todo

Sorry for the confusion, as far as us discussing who was taking what, my ex-husband and I had that conversation. I let him have everything outside of my personal belongings and I took the vehicle. We used a law clinic to file the paperwork and when we brought up having this written into the paperwork we were told this couldn't be done. I didn't think to question why this couldn't be done and honestly didn't realize the headache it would cause later.. that's what I get for jumping into a marriage at 20 yrs old.

Now with regard to ammending the decree, wouldn't I need him involved to have this done? The root of the problem I am having is not being able to reach him and not hearing back from the attempts I've made to reach him. So, I didn't know if this is something the courts or an attorney can help me with.
 
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