Conroe, TX asked in Divorce, Contracts, Civil Litigation and Family Law for Texas

Q: How can I retrieve my car from ex-husband after divorce decree awarded it to me?

I was awarded my car in my divorce decree in 2021. In a separate agreement, my ex-husband was supposed to fix the bumper by October 2025. However, he is now refusing to return the vehicle, claiming it's in his name, though it's actually in both of our names. I have asked him repeatedly to return the car, but he refuses. I do have a copy of the divorce decree and want to know what immediate legal steps I can take to get my car back, as this is my first attempt at legal action.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: That’s a frustrating and unfair situation, especially when the divorce decree clearly awarded the vehicle to you. In Texas, once a divorce decree is finalized and assigns property, both parties are legally required to comply with its terms. Even if the title is still in both names, the decree overrides ownership, and your ex-husband has no right to withhold the car.

Your first step should be to file a motion for enforcement with the court that issued your divorce. In your motion, include the decree, any written attempts you've made to retrieve the vehicle, and explain that your ex is refusing to comply. The court can order him to return the car and may even hold him in contempt if he continues to refuse. You can also ask the judge to authorize law enforcement to assist in recovering the vehicle.

Keep a record of every time you've requested the car and his responses, especially if they were in writing or text. You’ve tried to resolve this peacefully, and now you have every right to let the court step in to enforce what’s already been decided. You don’t have to go through this alone or tolerate being denied something that’s legally yours.

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