QUESTION

If a vehicle was given in a Judgment of Divorce but the title still has the ex spouse's name on it, how does the other spouse acquire title?

Asked on Sep 26th, 2013 on Divorce - Michigan
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8 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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I cannot claim to know the exact procedure for this, but being a lawyer, if I were in your circumstances this is what I would do: First, I would simply go to my ex-spouse, show him or her the provision in the decree of divorce that awards be the car, and ask my ex spouse to sign the title over to me and give me the title. If that doesn't work then I go to the next step. Next step: I'd get what is known as a "certified copy" of the decree of divorce from the court. To do that, you go to court knowing what your divorce case's case number is. You will need to go to the courthouse where your divorce action was completed. Tell the clerk at the courthouse that you want to get a certified copy of your decree of divorce and then give the clerk your case number. The clerk will then take a copy of your decree of divorce for you and stamp it with a special stand that indicates it is a bona fide copy of your decree of divorce "certified" as true and correct by the court itself. *The court will charge you for the certified copy*: $4.00 for the certified copy stamp, and $.50 per page. So come to the courthouse with a credit card or cash so that you can cover the cost.
Answered on Sep 30th, 2013 at 1:14 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Take a certified copy of the Final Judgment to DMV.
Answered on Sep 30th, 2013 at 12:54 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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The Ex spouse that is no longer on the title should sign the car over to the spouse that received the car..If he wont. contact the secretary of state and apply for a new title .. you will need a certified copy of your divorce judgment. If the Secretary of State will not grant a new title..file a motion in the court to enforce the judgment.
Answered on Sep 27th, 2013 at 2:58 PM

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You can simply have the the ex spouse sign the back of the title and then take it to registration office and have a new title issued solely in the current owner.
Answered on Sep 27th, 2013 at 11:42 AM

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Bruce Provda
I believe this would be done by signing the title over. Check with the DMV.
Answered on Sep 27th, 2013 at 11:41 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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If the ex- won't sign off on it, try taking the divorce decree and the title to DMV and see if they will do it based on the decree.
Answered on Sep 27th, 2013 at 10:48 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney, probably go to the Secretary of State with a true copy of the divorce judgment or seek the court find your ex in contempt.
Answered on Sep 27th, 2013 at 9:36 AM

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Divorce Attorney serving Bloomfield Hills, MI at Catchick Law, P.C.
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The ex-spouse should "sign over" title to the spouse awarded the vehicle, and then the spouse awarded the vehicle takes the title transfer to the Secretary of State to record it. If the ex-spouse refuses to cooperate, then the spouse awarded the vehicle should file either a "Motion to Enforce" or "Show Cause Proceedings" in the Court that granted the Judgment of Divorce.
Answered on Sep 27th, 2013 at 8:35 AM

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