Q: I have a question about money awarded to me in a divorce
Ex was in jail and his family sold the 2020 pickup the day after our first court hearing. Two years later at the final hearing I was awarded the truck or $67000. My lawyer refused to tell the judge the truck had been sold. My ex is still incarcerated. My lawyer also made me give the truck back to his family after they brought it to me even though I told him they would sell it or let it get repoed. I’m wondering if I can try to get the money from his family. There are more details but to much to put here
A: If his family received the proceeds from the sale of the pickup truck, you may be able to ask the court to impose a constructive trust on those proceeds. You will need to identify the particular family member who sold the truck. This information can probably be obtained fairly easily from the person who bought the truck. You may also look at whether the truck was ever, in fact, legally sold. The seller, or his agent acting under a power of attorney, would have had to sign the certificate of title and transferred ownership of the truck to the buyer at the appropriate vehicle registration office. So there ought to be a clear recorded trail for you to follow.
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