Divorce - Vehicle Question

[bls8195]

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

My divorce was final back on Oct 21, 2010, I have a question regarding a vehicle I left my ex-wife with after the divorce as stated in the decree I left her the Van we use to own it was always in my name. But it says I was to hand over keys and title information, and thats it. Does that mean I pay for it or does she? The van is still in my name, also what about insurance and maintance?

The last question with going back to insurance if I am paying for it, what if a friend of her wrecks it b/c she lefts alot of people drive it, am I at fault or what do I or can I do in this situation?

Thanks for your help in advance.

 

[mistoffolees]

If she was given the vehicle in the divorce, she should be responsible for all expenses.

Make sure you sign over the title ASAP (if there is still a loan in it, my view on that might change, but you don't mention a loan, so sign it over).

As long as the van is in your name, you can be held responsible for any damage done by the van. Now, if she's driving, she would be responsible and your insurance company would try to collect from her, but in the end, you DO NOT want to have a vehicle in your name without insurance.

So, make sure your insurance is still in effect at least until the time you sign the vehicle over to her. She would be responsible for paying the title cost and transfer fees (unless your court order says something different). But don't drop the insurance until you know that she has transferred it.

If the cost of transferring is low enough, you might want to pay it - just to make sure it has been done.

 

[bls8195]

There is a loan with a bank on this van, thats why I am not sure what to do, how can she legally get a vehicle thats not in her name? I know I signed the decree but still dont understand that part of it.

 

[mistoffolees]

There is a loan with a bank on this van, thats why I am not sure what to do, how can she legally get a vehicle thats not in her name? I know I signed the decree but still dont understand that part of it.

The court can assign her any marital property it wishes. The court order should have said that she had to get the van loan into her name, but judges often forget that detail.

In that case, do not transfer the title to her name until the loan is either paid off or she gets it into her name. And keep the insurance active.

I'd do the following:

1. Contact the bank and ask them for the paperwork for your ex to finance in her name - or transfer the loan to her name.
2. Present it to ex and tell her that she needs to get the loan in her name before you can transfer the title.
3. If she refuses, you'll probably have to go back to court to get the order clarified - forcing her to finance in her name.
4. I would also ask the court to make her reimburse you for any insurance payments and/or loan payments you had to make due to her failure to transfer.

 

[bls8195]

Here is another issue I raised this question prior to the divorce and the Bank or any bank for that matter would not allow her to get a loan for the van, so if nobody would allow her to get a loan but the court is saying I have to give her the vehicle what do I do?

 

[mistoffolees]

Here is another issue I raised this question prior to the divorce and the Bank or any bank for that matter would not allow her to get a loan for the van, so if nobody would allow her to get a loan but the court is saying I have to give her the vehicle what do I do?

Does she have the money to pay off the loan?

If so, ask the court to order her to do so. If not, ask the court to order her to pay your insurance until the van is paid off - since you would be foolish to not carry insurance.

 

[bls8195]

Ok thank you for all the information, so it looks like I must get a lawyer and go from there.

 

[bls8195]

One more question even though in the divorce it says I am suppose to run over all keys, title, etc, but I still have it financed and I in contempt of court if I don't I gave her 1 set of keys but she wants both sets and I wont hand them over as I still own the vehicle so to me it makes no sense.

 

[LdiJ]

One more question even though in the divorce it says I am suppose to run over all keys, title, etc, but I still have it financed and I in contempt of court if I don't I gave her 1 set of keys but she wants both sets and I wont hand them over as I still own the vehicle so to me it makes no sense.

It was ordered that she gets the car. You need to give her both sets of keys.

 

[bls8195]

How do I hand over keys to a vehicle she does not own, it says nothing about her paying for it so I have to let her have a vehicle by law I own?

What do I do? Taker her back to court and get it more cut and dry?

 

[LdiJ]

How do I hand over keys to a vehicle she does not own, it says nothing about her paying for it so I have to let her have a vehicle by law I own?

What do I do? Taker her back to court and get it more cut and dry?

You need to turn the vehicle over to her NOW...along with both sets of keys.

 

[nextwife]

You need to turn the vehicle over to her NOW...along with both sets of keys.

The financing agreements for autos where I work include a requirement that our borrowers must keep the vehicle in their possession until paid off. Not sure if his does.

 

[mistoffolees]

The financing agreements for autos where I work include a requirement that our borrowers must keep the vehicle in their possession until paid off. Not sure if his does.

First, he hasn't said whether there's a loan. If not, that isn't a problem.

If both names are on the loan, it's not a problem.

The only way it's a problem is if only his name is on the loan and that clause is in the agreement. If that's the case, it STILL doesn't absolve him of the responsibility to turn over the van and keys. It's a court order. The fact that it creates other problems for him should have been addressed before the decree was finalized.

 

[bls8195]

There is a loan on the vehicle and her name is not on the loan, actually my name and my Dads name are on the loan. So what do I do in this case?

 

[TinkerBelleLuvr]

Sounds to me like you have to go back to court to clarify that she has to also refinance the loan.