peteTX
recently joined
Reged: 03/17/12
Posts: 2
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Hi there,
Per divorce decree my ex wife was awarded one of the cars including the outstanding debt on the car loan. She currently has possession of the car and uses it and up until now she has made her car payments directly to the credit institution. So far so good.
As of now both the car title and car loan are still in my name. Suddenly now she wrote me that she will stop making car payments. In order to protect my credit worthiness I will have to continue paying the car credit which is not fair. I'm sure I can get this money back by going to court, but in order to keep the damage low my question is:
What can I do to force her to refinance and get the title into her name as quickly as possible?
I was thinking of trying to unregister the car and give her 30 days notice? Is this even possible? We live in Texas.
What else can I do to put reasonable pressure on her to take ownership and responsibility of her property?
Thanks in advance for any tips,
peteTX
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Renny
addict
Reged: 09/24/11
Posts: 479
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You say she was awarded the car. What is the specific wording? Does the decree say anything about her having to title it in her name or refinance the loan?
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peteTX
recently joined
Reged: 03/17/12
Posts: 2
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Thanks Renny for responding.
The decree doesn't explicitly mention her having to title it in her name or refinance the loan.
Under "Property to Wife" it says:
"The [CAR-TYPE] motor vehicle, vehicle identification number [VIN] together with all prepaid insurance, keys, and title documents."
Under "Debts to Wife" it says:
"The balance due as of [DATE-OF-DIVORCE], on the motor vehicle awarded to [HER-NAME] in this decree."
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Renny
addict
Reged: 09/24/11
Posts: 479
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As I read it she has to refinance it and title IThe care in her name. Send her a demand letter and file a motion for contempt,
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3154
Loc: SC
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I think the wording intended that she refi it, but imo the order is so poorly worded that all she's obligated to is the debt.
If she defaults, he's on the hook. If I were her that's how I'd argue it.
--------------------
Marriage doesn't come with a money-back guarantee.
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almostfree
newbie
Reged: 05/12/06
Posts: 38
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I would contact an attorney immediately. The way I see it, she did not pay off the car and the title is still under your name so it is your car if she doesn't make the payment. I would ask an attorney if it is OK to "reposses" the car. I would act fast or your payments could be viewed as a "gift" and you could be out the cash. If you take her back for contempt ask for your attorney fees.
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