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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101966
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex-wife took my car a year after the divorce. She agreed

Resolved Question:

My ex-wife took my car a year after the divorce. She agreed the car would be mine. The car was purchased during the marriage. The car loan and insurance is under my name. The registration is in both our names. She never signed it over although she said she would. The divorce agreement did not address the car or anything we split up. She currently has my car and is not answering emails or phone calls. What can I do?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only - not legal advice - so no attorney-client relationship has formed.

I am sorry for your situation. Because she took your vehicle after divorce and the decree does not mention this issue, this maybe seen as a matter between two parties in civil (non-family) courts.

Civil Court
At this point, you have the right to file a Petition for Judicial Sale (or local jurisdictional version) to sell your vehicle by force and then split the profits. Because her name is XXXXX XXXXX title as well, she has equal rights to it and this would be the only way to resolve the problem.

However, normally, a letter from an attorney threatening to sue for judicial sale and also file a criminal complaint (latter is a bluff because since this was not theft, the police may not get involved) should scare her into returning the vehicle.

Finally, since the vehicle belongs to you, you may simply peacefully and without invading her territory find the vehicle and drive off with it.

Family Court
You may file a Motion for Clarification, serve her, and have the Court come up with an equitable arrangement for the vehicle in a post-judgment supplemental order.

I hope this finds you well. If you still need information, hit reply so we can chat more until you are satisfied. If you are satisfied, please do not forget to conclude the question. You may always come back to it to ask a follow up free of charge. If you feel I went the extra mile, a bonus would be appreciated. You can always link to my profile for another question at a later time:
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