QUESTION

What legal recourse do we have if the vehicle that was awarded to ex is still in husband's name and ex is not taking steps to have it changed?

Asked on Dec 20th, 2012 on Divorce - California
More details to this question:
When my husband's divorce was finalized, his ex-wife was awarded two of the three vehicles. One vehicle was in my husband's name. The separation agreement states that "Simultaneously with the execution of this Agreement, each party agrees to execute and acknowledge all documents, including the certificate of title and Gift Certification Form, which may be necessary to transfer all of his or her rights, title, and interest in the other partyโ€™s vehicle (s) to the person entitled to retain such vehicle. Each party shall promptly apply for and obtain a new certificate of title and registration for the automobile in his or her own name. All costs of transfer, including titling fees and motor vehicle transfer taxes, if any, shall be paid by each party for the vehicle they are entitled to pursuant to this Agreement. "To date, this has not happened. The vehicle is still solely in my husbandโ€™s name. Given that they are no longer related, he cannot gift the vehicle to her now - she balked at the idea of needing to do a $1 bill of sale, having to pay taxes on it, and having to pay to have the car inspected. Most recently, she has stated she doesn't want the vehicle, and would like to sell it. This means getting the vehicle ready (it's currently not driveable), inspected, and having my husband do a limited power of attorney so she can sell it. However, she is not planning to do this for several more months. What type of recourse is available to my husband at this point? Also, am I correct that, should something happen to my husband, the vehicle would transfer to my name since it technically is still his property? This sounds messier than it needs to be at this point, and I would like to have some kind of resolution immediately, we just are not sure how to "force" the issue with his ex-wife. Thank you.
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8 ANSWERS

Divorce Attorney serving Southfield, MI at Do It Yourself Divorce, PLLC
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A number of Judgments of divorce contain a provision that allows for the transfer of property by presenting the Judgment of Divorce to the Secretary of State and asking the Secretary of State to transfer title to you. If this is not available to you, your ex is violating an Order of the court and can be held in contempt for refusing to turn property over to you. If you cannot get the Secretary of State to transfer the title to your name, contact an attorney and have him/her file a Motion to Compel compliance with a court order. Usually, the court will require the non compliant party to pay for the hearing but this is not a guarantee.
Answered on Jan 02nd, 2013 at 2:25 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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In Colorado all that your husband should need to do is sign over the title certificate and give it to the ex-. There is no "gift" involved and whether the ex-follows through on obtaining a new title is basically her problem. You don't say where the vehicle is physically located, so that may or may not be an issue regardless of the title transfer. If the ex- truly doesn't want the vehicle you could file a motion with the court to vacate the original order and authorize your husband to sign the title over to a junk yard.
Answered on Dec 27th, 2012 at 1:31 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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He needs to take the order and the title to the Department of Motor Vehicles and have the title changed to just her name. Just because they did not do the necessary steps in a timely fashion does not mean the order is still not effective.
Answered on Dec 27th, 2012 at 1:30 PM

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Connie Ray Roper
He would need to file a motion to enforce the judgment. The judge could appoint a third party to execute the document to transfer the ownership. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Answered on Dec 27th, 2012 at 1:25 AM

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Gary Moore
Have a lawyer filer a motion with the court for snow order transferring title and charging Log all fees and costs to other party.
Answered on Dec 27th, 2012 at 1:20 AM

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To resolve this issue you can file a motion to enforce the judgment and request sanctions. An attorney should be able to resolve this issue quickly to your advantage.
Answered on Dec 27th, 2012 at 1:01 AM

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Dennis P. Mikko
If the vehicle was awarded to your husband's ex-wife in the Judgment of Divorce, it is her vehicle. Your husband could go to court asking the court to enforce the Judgment and require her to remove his name from the vehicle. A concern your husband should have is that since his name is still on the title, if the vehicle was involved in an accident, would he be looked at as a responsible party. While he could probably avoid responsibility, it would be a hassle and require the expenditure of money for an attorney.
Answered on Dec 27th, 2012 at 12:54 AM

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He needs to file a motion ordering the ex to comply and ask for sanctions. He should also bring the necessary documents from the DMV so she can sign there in court.
Answered on Dec 27th, 2012 at 12:53 AM

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