QUESTION
What holds more legal weight, the decree or the title?
Asked on May 02nd, 2014 on Estate Planning - California
More details to this question:
In my divorce decree my ex got the car but he never got my name off of the title. He has passed away. My name is still on the title. I have the title. He never remarried but has a minor child and everyone (parents, siblings, baby momma) wants the car. Who has legal right to it?
11 ANSWERS
You must honor the court decree. I suggest that you turn the car over to the executor of your ex-husband's estate and cooperate in transferring the title to the estate.
Answered on May 06th, 2014 at 12:46 PM
3 Awards
The decree says it is his, so it is HIS. You need to sign off on the title, or they can take the decree and get the title reissued to his estate OR they may get a court order to have you held in contempt and possibly put in jail. If you fail to sign off when requested, you could be held in contempt of court and put in jail. It is your choice. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on May 05th, 2014 at 6:01 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to contact a family law lawyer for this matter.
Answered on May 02nd, 2014 at 8:39 PM
2 Awards
Not you. He got it in the divorce. The family is going to have to fight over it.
Answered on May 02nd, 2014 at 5:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The decree. You may hold the title, but you gave up your right to ownership in the divorce. So you would be deemed to be holding title in constructive trust for the heirs or beneficiaries of the estate. You need to be careful, because if you are deemed to have converted the car, you could be liable for triple damages.
Answered on May 02nd, 2014 at 4:26 PM
Edwin K. Niles
It should go to his beneficiaries.
Answered on May 02nd, 2014 at 3:44 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The representative of your ex-husbands estate could try to enforce the terms of the divorce decree. This would require opening a probate estate and filing a Citation to recover assets. If a significant length of time has passed since the date the decree was signed by the Court they may have to prove that your ex-husband failed to make the change in title as an error and you could argue he intended to benefit you.
Answered on May 02nd, 2014 at 3:14 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally his estate has the right to the car. If they want it someone has to file a probate action and get appointed personal representative then claim it.
Answered on May 02nd, 2014 at 2:24 PM
Thomas Edward Gates
The car belongs to the estate of your ex-husband.
Answered on May 02nd, 2014 at 1:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The decree can be used to compel you to transfer the title.
Answered on May 02nd, 2014 at 1:41 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Even though legal title was not changed, the car belonged to him. It goes according to his will, if any, or, if none, then to his children. Presumably it should be sold and the moneys placed into an account for him.
Answered on May 02nd, 2014 at 1:17 PM