Property Issue

[DivorcingSlowly]

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.

 

[Ohiogal]

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.

You can pay for it and sue him (contempt) for what it cost you to retrieve it. He doesn't have to tell you where the car is quite frankly. He is also responsible for paying the insurance and registration on the car -- is he reimbursing you for that?

 

[DivorcingSlowly]

No, he is not reimbursing me for the insurance and registration. There is nothing in our temporary orders that requires him to do so. Plus, he doesn't work, so he doesn't have the money to do so.

If I don't get the car out of impound for him, will I be in any trouble? I guess that's really my issue. I don't really want to get the car for him, but I will if it will negatively effect me. Yes, I am aware of how selfish and immature that sounds.

 

[Zigner]

I wouldn't let him "have" your car without it being transferred to his name. Who told you to wait?

 

[DivorcingSlowly]

The attorney I had at the time said I'd lose any leverage I had by signing over the car before the final decree. Now, I'm very willing to sign it over just to be done with dealing with it, and so that I can quit paying for the car insurance, but I can't get my ex husband to cooperate and come with me to do whatever needs to be done to turn it over to him. Plus, he's got the title in his possession and wont' give it to me to sign. And I'm not sure how to accomplish signing it over without the title and without his cooperation.

He's too busy to show up to a custody hearing about his own child - he could care less about making things easier on me about the car. That's why I'm totally willing to let the car be sold at auction. It's his own fault for letting it run out of gas and not being willing to walk back to it with gas in a can. But, if I will get penalized in any way, I'll go retrieve it for him.

 

[wavehopper27]

I wouldn't pay one cent more than I was ordered too.

Cancel the insurance and registration and let him deal with it.

 

[Zigner]

I wouldn't pay one cent more than I was ordered too.

Cancel the insurance and registration and let him deal with it.

Bad, BAd, BAD advice! The car is still titled in the OP's name. Imagine the liability you are suggesting that the OP takes on!

 

[DivorcingSlowly]

No I'm not going to drop the insurance on the car, not until the title has been transferred.

I guess I'll be getting it out of impound, though if he had just told me where the car was , I could have taken gas to it and driven it to him.

 

[Zigner]

No I'm not going to drop the insurance on the car, not until the title has been transferred.

I guess I'll be getting it out of impound, though if he had just told me where the car was , I could have taken gas to it and driven it to him.

If it were me, I wouldn't give the car to him at all until it's in his name. Why take on that liability?

 

[DivorcingSlowly]

My temporary orders state that this car is his to use, so if I keep it from him, wouldn't I be violating the order?

 

[Ohiogal]

No, he is not reimbursing me for the insurance and registration. There is nothing in our temporary orders that requires him to do so. Plus, he doesn't work, so he doesn't have the money to do so.

If I don't get the car out of impound for him, will I be in any trouble? I guess that's really my issue. I don't really want to get the car for him, but I will if it will negatively effect me. Yes, I am aware of how selfish and immature that sounds.

There IS a clause that requires him to pay for it:

but our temporary orders state that he is to be responsible for the maintenance, upkeep, and all costs associated with the car.

Insurance and registration are costs associated with the car. Impound fees are costs associated with the car. The problem you have is if it is impounded, the state will want their money. Those fees will not just disappear and that will be on your record. Pay to get the car out of impound and go back to court regarding his behavior associated with it ending up in impound.

 

[Zigner]

My temporary orders state that this car is his to use, so if I keep it from him, wouldn't I be violating the order?

I'd say...let him take you to court over it. He's violated the agreement so you are mitigating damages.

 

[DivorcingSlowly]

Ok. Thanks for the advice.

 

[Zigner]

Ok. Thanks for the advice.

Keep in mind - that was just consumer-to-consumer advice. You may wish to consult with a local attorney. (Probably a different one than last time.)

 

[DivorcingSlowly]

Thanks. I do have an attorney handling our custody problem. I'll ask her. But thanks for your time. It at least gives me some where to start, and I guess I knew there wasn't really a way to avoiding getting the car out of impound.