Q: I divorced my ex 4 years ago. I have a car financed in both our names that I just paid off. How do I take him off title?
I have it included in our divorce decree that I will be getting my car free of his claim. However, we never refinanced at that time. I have been making all payments myself for 4.5 years. Now that I have paid it off, I got a letter from the bank that the lien has been released, and I am not sure how to take him off the title. Do I have to contact him to do that if I have a divorce decree? Can I take him off the title in any way without having to contact him again? I do not even have any of his contact information, he changed all his contact info since then.
A:
The first thing I always advise my clients is to review your divorce decree. If you don't have a copy you can always call the clerk of courts office in which County you obtained your divorce.
I do not have a copy your divorce decree so I'm making assumptions. If you were awarded the vehicle in the divorce decree it should have language in the decree that your ex spouse is supposed to sign his portion over to you.
You can try to go to the title bureau with a copy of your divorce decree to see if that is enough (I don't believe it will be) to try to remove his name.
If the title bureau says "no" and your divorce awards you the vehicle and you cannot find your ex spouse to sign then you need to file for contempt.
There's different methods of service for contempt whether you know where the person is located or not. File contempt, get a judgment against him, take that judgment to the title bureau.
Once again, I do not have a copy of your divorce decree and this information I provided is assuming facts. Its always best to review your decree and your questions with an experience lawyer. Also, answering these questions does not form an Attorney Client relationship.
1 user found this answer helpful
A: Unless your decree provides for transfer using a certified copy of it, you will have to have your ex sign over title to you. It will need to state it is a gift to avoid any tax. His signature will have to be notarized.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
