Property Issue

[Bali Hai]

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

I filed for divorce in July of 2013. In our temporary orders, my husband and I were each given one car, although both cars are titled in my name only. We were told that the title would be changed on his car when the divorce becomes final. Since the car is still titled in my name, I am the one still maintaining insurance and registration on the car, although he is the one driving it.

This past weekend, while he was driving it, he ran out of gas, and left the car on the side of the road. According to him, he doesn't have enough money to get gas for the car, and he wont' tell me where the car is so that I can go get it.

I know that if he doesn't go get the car, eventually it will be towed and impounded. Since it is still registered to me, the city will send notice to me. My question is am I obligated to go get the car and pay the fees to release it from impound? I know that the city auctions cars off after 30 days if they aren't claimed. I know it's still titled to me, but our temporary orders state that he is to be responsible for the maintenance, upkeep, and all costs associated with the car.

I'm not sure if it matters, but the car is a 2006 acura TL; it's in quite good condition.

It sounds like he doesn't want you to know where the car is because you may try and take possession of it.

Since you are communicating with each other and the car hasn't been impounded, why don't you get a gas can, fill it up, give it to him and let him get the car before it becomes impounded. The can and gasoline might cost you $30. If that's not too complicated, and he is to possess the car by court order, it might save the complications of the car becoming impounded.

Try to be as amicable as you can to avoid further complications such as parking tickets, unpaid tolls etc. should you make him angry before the title is transfered.

 

[Zigner]

It sounds like he doesn't want you to know where the car is because you may try and take possession of it.

Since you are communicating with each other and the car hasn't been impounded, why don't you get a gas can, fill it up, give it to him and let him get the car before it becomes impounded. The can and gasoline might cost you $30. If that's not too complicated, and he is to possess the car by court order, it might save the complications of the car becoming impounded.

Try to be as amicable as you can to avoid further complications such as parking tickets, unpaid tolls etc. should you make him angry before the title is transfered.

Bali - this is a great, unbiased and helpful post

 

[LdiJ]

Bali - this is a great, unbiased and helpful post

I think its great advice too, but its probably too late. If it happened this weekend its probably already been impounded...OP just doesn't have the letter yet telling her where it is.

 

[Zigner]

I think its great advice too, but its probably too late. If it happened this weekend its probably already been impounded...OP just doesn't have the letter yet telling her where it is.

"This weekend" only ended 15 hours ago. If this is not on a main road, it's entirely possible (and likely) that the car is still right where he left it.

 

[LdiJ]

"This weekend" only ended 15 hours ago. If this is not on a main road, it's entirely possible (and likely) that the car is still right where he left it.

In my area a car on the side of the road would be gone in under 12 hours...often in under 6. But hey, its worth a shot.

 

[Zigner]

In my area a car on the side of the road would be gone in under 12 hours...often in under 6. But hey, its worth a shot.

How in the world do you park outside of your house?

 

[single317dad]

I think it's highly dependent on where the car is parked. Some city street where people might reasonably park anyway? Might be quite a while before it gets towed. Might even get stolen first. On the shoulder of the interstate with more snow forecast? They'll move that right out of the way.

A word of warning: once the car is impounded, in my experience there's a high probability that it'll be damaged. That could be a consideration in court. Can you imagine if your ex claimed you didn't take all reasonable steps to protect the value of property, and wanted compensation in the final order? Ridiculous, but possible.

 

[DivorcingSlowly]

I originally offered to take gas to the car and then bring the car to him. He refused to tell me where the car was. He left it on the side of a highway, is the only thing he would tell me. I told him that the car would be towed and impounded, and he told me it wasn't his problem.

I have tried to keep things as amicable as possible; I really have.

 

[single317dad]

I originally offered to take gas to the car and then bring the car to him. He refused to tell me where the car was. He left it on the side of a highway, is the only thing he would tell me. I told him that the car would be towed and impounded, and he told me it wasn't his problem.

I have tried to keep things as amicable as possible; I really have.

I'd call the relevant police departments (city, county, state) in areas where you suspect the car might have been abandoned. If they haven't had it towed in yet, I would start doubting his story.

 

[Zigner]

I originally offered to take gas to the car and then bring the car to him. He refused to tell me where the car was. He left it on the side of a highway, is the only thing he would tell me. I told him that the car would be towed and impounded, and he told me it wasn't his problem.

I have tried to keep things as amicable as possible; I really have.

What happened when you offered to take gasoline to HIM?

 

[LdiJ]

How in the world do you park outside of your house?

If its parked on the shoulder of a road its going to get towed, and quickly. If its parked in a regular parking place, that is a different story. In my area the only street parking is limited metered parking places downtown and residential streets. If you are parked in a store or mall parking lot and your car is there after closing...you get towed. If your car is on the shoulder of any road, you get towed. Yes, people parked properly on a residential street are unlikely to be towed for several days, and maybe never unless someone lodges a complaint. However, had he been in my city, the odds that he was traveling on a residential street when he ran out of gas, would have been slim. Residential streets are all side streets and rarely have any flow through traffic.

 

[Zigner]

...had he been in my city...

He's not.

 

[DivorcingSlowly]

I can't take gasoline directly to him. I have a protective order against him due to family violence, so we can't be within 100 feet of each other. So I didn't offer. My offer was to put gas in the car and then I would have taken the car and parked it in his apartment complex lot, so we wouldn't have had to interact in person.

Anyway, I have called the dallas police, the Plano police, Sesotho, flower mound, frisco, oak cliff, mesquite, garland, ft worth, north Richland hills, and a couple of other departments looking for the car, but it apparently hasn't been picked up yet. So I'm still waiting.

 

[LdiJ]

I can't take gasoline directly to him. I have a protective order against him due to family violence, so we can't be within 100 feet of each other. So I didn't offer. My offer was to put gas in the car and then I would have taken the car and parked it in his apartment complex lot, so we wouldn't have had to interact in person.

Anyway, I have called the dallas police, the Plano police, Sesotho, flower mound, frisco, oak cliff, mesquite, garland, ft worth, north Richland hills, and a couple of other departments looking for the car, but it apparently hasn't been picked up yet. So I'm still waiting.

Is he the type that would lie about something like that just to get you riled up?

 

[Ladyback1]

I can't take gasoline directly to him. I have a protective order against him due to family violence, so we can't be within 100 feet of each other. So I didn't offer. My offer was to put gas in the car and then I would have taken the car and parked it in his apartment complex lot, so we wouldn't have had to interact in person.

Anyway, I have called the dallas police, the Plano police, Sesotho, flower mound, frisco, oak cliff, mesquite, garland, ft worth, north Richland hills, and a couple of other departments looking for the car, but it apparently hasn't been picked up yet. So I'm still waiting.

Did you call Texas DPS? Depending on where it is, DPS may be the ones to deal with it. Contact the closest DPS barracks/headquarters. And make sure you contact the county sheriff's office.

It's been my experience, that the vehicle has to be marked (usually on the windshield or a window facing traffic), once it's marked, it will usually be picked up in 24-72 hrs.