Can I get my car back?!?!

[bb229]

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

Prior to my divorce my Jeep was always registered under my exwifes name, after I paid it off I never transfered the title to my name. We divorced and it was court ordered that I got to keep the Jeep. It's been about 2 years since the divorce and I still have yet to transfer the title to my name because it was never really an issue until now. I got a red light ticket and it came under my ex's name. I gave her the mail not knowing what it was. I told her I would have no problem paying the ticket and going to court to make sure it doesn't effect her driving record. Well two nights later I got home to find my Jeep gone (she must have still had a key for it) and a note saying that I won't get it back until the title is transfered because until then it is legally hers.

If the divorce states it's supposed to be mine, can she really take it just because the title is in her name?

 

[sandyclaus]

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

Prior to my divorce my Jeep was always registered under my exwifes name, after I paid it off I never transfered the title to my name. We divorced and it was court ordered that I got to keep the Jeep. It's been about 2 years since the divorce and I still have yet to transfer the title to my name because it was never really an issue until now. I got a red light ticket and it came under my ex's name. I gave her the mail not knowing what it was. I told her I would have no problem paying the ticket and going to court to make sure it doesn't effect her driving record. Well two nights later I got home to find my Jeep gone (she must have still had a key for it) and a note saying that I won't get it back until the title is transfered because until then it is legally hers.

If the divorce states it's supposed to be mine, can she really take it just because the title is in her name?

Yes, she really CAN take it. Legally, by the title/registration, the vehicle belongs to her, and she has the right to use and possess it - unless and until ownership is transferred to you per the divorce decree.

I suggest that you stop complaining about it and get your butt over to the DMV and transfer the title. Once you do that, you can get it back and do with the Jeep as you please.

 

[bb229]

Yes, she really CAN take it. Legally, by the title/registration, the vehicle belongs to her, and she has the right to use and possess it - unless and until ownership is transferred to you per the divorce decree.

I suggest that you stop complaining about it and get your butt over to the DMV and transfer the title. Once you do that, you can get it back and do with the Jeep as you please.

So even if I call the police and show them that in the divorce it states that it's mine they can't do anything?!?!


The issue is that I had to leave out of town the very next day, I am still currently out of the state so I can't really do anything until next week. But she is threatening to sell it. Can she really do that?

 

[OHRoadwarrior]

What part of this are you not getting? Your solution is to transfer the title or go without a jeep until you take her back to court for contempt, at which point the judge will discover you sat on your butt and made no effort to transfer the title and throw the contempt charge out.

 

[LdiJ]

So even if I call the police and show them that in the divorce it states that it's mine they can't do anything?!?!


The issue is that I had to leave out of town the very next day, I am still currently out of the state so I can't really do anything until next week. But she is threatening to sell it. Can she really do that?

The police cannot do anything about it because its still in her name. However, she is absolutely in contempt of the divorce decree and you could get her nailed in court for contempt and for the value of the jeep if she does not return it. Tell her that if she sells the jeep you will file for contempt, for attorney fees and for the value of the jeep.

However...you really messed up not transferring the ownership to your name...and you caused her problems in not doing so. I understand why she did what she did, but it wasn't the appropriate method for her to resolve the problem either.

 

[sandyclaus]

The police cannot do anything about it because its still in her name. However, she is absolutely in contempt of the divorce decree and you could get her nailed in court for contempt and for the value of the jeep if she does not return it. Tell her that if she sells the jeep you will file for contempt, for attorney fees and for the value of the jeep.

However...you really messed up not transferring the ownership to your name...and you caused her problems in not doing so. I understand why she did what she did, but it wasn't the appropriate method for her to resolve the problem either.

Why would she be in contempt? She hasn't sold the jeep - YET.

It's been TWO YEARS since the divorce was finalized. HE's the one dragging his feet in getting the vehicle ownership transferred to his name. I'm sure that as soon as he makes the time and makes it a priority, she will be more than happy to accompany him to the DMV to get 'er done.

 

[LdiJ]

Why would she be in contempt? She hasn't sold the jeep - YET.

It's been TWO YEARS since the divorce was finalized. HE's the one dragging his feet in getting the vehicle ownership transferred to his name. I'm sure that as soon as he makes the time and makes it a priority, she will be more than happy to accompany him to the DMV to get 'er done.

She is in contempt because the jeep was awarded to him in the divorce, and she has taken it away from him. She is not permitted to do that even though he dragged his heels in getting the ownership paperwork done.

 

[Ohiogal]

What part of this are you not getting? Your solution is to transfer the title or go without a jeep until you take her back to court for contempt, at which point the judge will discover you sat on your butt and made no effort to transfer the title and throw the contempt charge out.

BULL. He was awarded the jeep in the divorce. She took it against the divorce decree without his permission. Hence she will be found in contempt for taking HIS vehicle. Most divorce decrees have a clause that states that the decree acts as proper paperwork of transfer so if he takes the decree to the BMV they can transfer it. He should sue his ex for contempt.

 

[Ohiogal]

Why would she be in contempt? She hasn't sold the jeep - YET.

It's been TWO YEARS since the divorce was finalized. HE's the one dragging his feet in getting the vehicle ownership transferred to his name. I'm sure that as soon as he makes the time and makes it a priority, she will be more than happy to accompany him to the DMV to get 'er done.

She is in contempt because she took HIS vehicle -- the one awarded to him in the divorce decree. Sorry but she is wrong and you are wrong. And LD is correct regarding the contempt.

 

[OHRoadwarrior]

BULL. He was awarded the jeep in the divorce. She took it against the divorce decree without his permission. Hence she will be found in contempt for taking HIS vehicle. Most divorce decrees have a clause that states that the decree acts as proper paperwork of transfer so if he takes the decree to the BMV they can transfer it. He should sue his ex for contempt.

I agree his recourse is too take her to court for contempt. As you are in court regularly, you are aware judges do not always use the law as a club and exercise judicial leniency in situations where people make poor or emotional decisions that are not always the most logical. Spending the money to file pro se and taking time off work in itself would generally raise the cost of attempting to obtain "justice" somewhat foolish. As we both agree on the recourse, but disagree on the viability and likely outcome, it seems a mute point to engage in a debate over it. Have a cold one for me, as I always respect your wisdom and judicial insight, even when I disagree with its practicality.

 

[mmmagique]

They are both in the wrong. I would, however, have done the same thing as the wife under these circumstances. If he had been in a crash that injured or killed someone(s), who would be responsible? The legal owner? And who *is* the legal owner when he has failed to do what the court told him to do two years ago, and get the title transferred to his name? I'm also wondering if she will now have points against her license due to the ticket? If so, it may cost her more for her insurance premiums. Is the OP going to pay the difference?

OP, I agree you should tell your wife that unless she returns the car, you will take her to court for contempt. In the same breath, you should offer to go to the DMV with her the day you get back in town, and get that ownership transferred to your name.

 

[stealth2]

I suspect a judge would ding her if she actually sold the car, but not from removing it from OP's access.

Come on, OP - do what you need to do to retitle the car. I doubt you've been out of town for the entire two years. Grow up.

 

[mmmagique]

Something else has occurred to me. Every year we have to re-tag, title and license our cars. Who has been renewing everything?