Plano, TX asked in Divorce for Texas

Q: My divorce was final in February and nothing was stated in the divorce decree we just split everything equally.

None of our property or belongings were listed in the decree, we just split it amongst ourselves. At the time he had a vehicle and I had one. Now he no longer has one and wants mine. It is in his name on the title but we aquired it during out marriage and both paid for it. It is paid off now and I pay the insurance and upkeep. Can he just come and take it?

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1 Lawyer Answer
Joseph Hoelscher
Joseph Hoelscher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • San Antonio, TX
  • Licensed in Texas

A: In Texas, a divorce decree that doesn't specifically divide property will usually have language giving each party what they presently possess. Your problem is that the title creates a presumption that he is the legal owner of the vehicle. The language in the decree may be enough that a judge will order him to transfer title, but it will depend on the exact language and the facts you can prove in court. The only good mechanism for you to get into court I can think of would be a Motion to Enforce. Maybe you could sue for unjust enrichment. Both of these are best pursued with an attorney.

In the short term, if he comes and gets the vehicle, you are probably not getting it back. The police are unlikely to make him return it unless the decree specifically says the vehicle is yours. So, I'd go get a free consultation from an attorney quickly and be sure to bring a copy of the decree.

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