Q: I was divorced in Texas 13 years ago and now my ex wife wants to claim 1/2 of my truck. Both our names remain on title,
as we both went our separate ways over a decade ago. At no point in this time has she requested or laid claim. Only now that i’ve approached her, 13 years later, about removing her name from the title has she decided I owe her half the value of the vehicle. Do i owe her this even though it was never stipulated in the divorce? That its has been 13 years without any interest in the vehicle?
A:
In depends on what your divorce decree states. A divorce decree should contain a specific provision awarding any motor vehicle that was part of the marital estate to one or both spouses. If no such provision is included in your decree, there is a substantial question why not. Typically, upon divorce, if a motor vehicle titled in both spouses' names is awarded to only one spouse, the other spouse signs a power of attorney to transfer motor vehicle and the spouse who was awarded the vehicle then registers the title in only his name. If that was not done, there is again a substantial question why not.
The answers to those "why not" questions are important considerations in determining whether your ex-wife still have an interest in the truck.
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