QUESTION
Who has the legal ownership of vehicle after divorce and death?
Asked on Aug 25th, 2012 on Divorce - Ohio
More details to this question:
My ex-wife was awarded her vehicle (both parties agreed) but, she passed away soon after the divorce was final. She did not have my name removed from the lien, so I now make the payments and have been since her death. We also have 2 children. Her parents want the vehicle. Just recently I have learned that her parents filed as executrix of her estate. She did not have a will. Who does the vehicle go to?
14 ANSWERS
Leonard A. Kaanta
Her heirs get the car, but you sue the estate for you payments.
Answered on Aug 29th, 2012 at 7:29 PM
Dennis P. Mikko
Upon her death, since the Judgment of Divorce was signed and filed, her estate would own the vehicle and the obligation to pay. If you are a co-maker on the loan you would also be responsible to pay if the estate did not pay. The estate could then dispose of the vehicle according to law.
Answered on Aug 27th, 2012 at 7:38 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If the divorce decree awarded the vehicle to your now deceased ex wife, it belongs to her estate. The legal system will decide who gets the vehicle, but as an ex-husband you have no claim to ownership of the vehicle. You may or may not have a claim against her estate based upon being liable on the loan, but you need to consult an attorney who can examine the facts and determine what your rights are.
Answered on Aug 27th, 2012 at 4:15 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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The administrator (an executor/executrix can only be appointed if there is a will) of your wife's estate has the right to stand in her place and enforce the terms of the decree. You may have a claim against her estate for the payments you have made. Contact the administrator and see what they want to do - I suspect it is not practical for the estate to take the car, but they might help you resolve any title issues on the car.
Answered on Aug 27th, 2012 at 4:15 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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The vehicle is part of your ex-wife's estate. Give the vehicle to the executrix in exchange for the payments you claim to have been made.
Answered on Aug 27th, 2012 at 12:17 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Without a will it should go to her heirs at law (e.g., her children equally)I should not go to her parents unless both children agree Additionally you might be able to get reimbursement for your payments on it.. I would advise your children to get an attorney.
Answered on Aug 27th, 2012 at 12:17 AM
James Albert Bordonaro
I'm guessing the ex-wife's estate has legal title. You may have a claim against the estate for the money you've paid on the car since the divorce depending on what was ordered in the final decree. My condolences on your loss.
Answered on Aug 27th, 2012 at 12:17 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Normally, property of a single or divorced woman would go to her children. You have an equitable claim for the payements you made. You need to tell her parents either pay for the car or you will let the car be repossessed. If that does not work, pay the payments and make a claim in the probate for the payments made after death to protect your credit rating.
Answered on Aug 27th, 2012 at 12:16 AM
Good question since the title was not changed. However, I think her heirs will receive the auto.
Answered on Aug 27th, 2012 at 12:16 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You need to consult a local attorney about this. If there was a lien on the vehicle, 1) title could not be transferred (so, if you are on the title, you are a recognized owner in Ohio) and 2) there should have been a provision in the decree that you ex is obligated to pay the loan and for what happens if she didn't pay the loan. You may have a claim against her estate for the money you've had to pay on the loan.
Answered on Aug 27th, 2012 at 12:16 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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If the car was awarded to your wife in the divorce, it's her estate's car and it goes to her heirs/beneficiaries. If she had a will it says who those beneficiaries are and if not, its her children. If no children, her parents. It ain't you.
Answered on Aug 27th, 2012 at 12:15 AM
Since your ex-wife has passed away intestate this is a probate question.
Answered on Aug 27th, 2012 at 12:13 AM
1 Award
Assuming the vehicle was purchased during the marriage, it is community property. IF you did not partition the community property and she only was awarded the use of it, the vehicle remains community property. You own one-half of it and the children own the other one-half. Her parents have no right or interest in the vehicle and cannot legally take it.
Answered on Aug 27th, 2012 at 12:12 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Call your lawyer and prepare to tell that person how much equity you have in the car and how long the installment agreement goes. From that you will be able to decide whether to make a claim on the estate for the vehicle or let it go to the bank on repossession.
Answered on Aug 26th, 2012 at 5:43 AM