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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11717
Experience:  Licensed Texas General Practice Attorney
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My daughter is divorced as of 12/12. Her car which is leased,

Resolved Question:

My daughter is divorced as of 12/12. Her car which is leased, is still in both her ex husband and her names. He wants his name off. She is working on trying to refinance to remove his name. He is threatening to call the local police if it is not accomplished in a few days (which it won't be). It is not court ordered through the divorce. Can he take any action against her?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

no, he would not be able to take any action against her. There is no crime committed here when it's in both of their names. If, and I do mean if, there was an order telling her to refinance in she did not comply with that, his only recourse would be to go to the court that issued the order and ask for an order holding her in contempt of court. But I can pretty much guarantee that the police would say that this is a civil matter and that they would not get iy.

ScottyMacEsq :

Of

ScottyMacEsq :

*they would not get involved

ScottyMacEsq :

By the way, I apologize for any errors in this answer. I am using a voice recognition program, and while it is accurate most of the time, is not 100% accurate, so if there's something that doesn't look quite right, or appears out of place or not grammatically correct, the reason is likely the software that I'm using. If will try to catch any errors, but if if you need clarification at the end, please let me know.

ScottyMacEsq :

the only way that the police would get involved is if there was an allegation that she stole the vehicle, but such an allegation would be a false statement to the police, which would truly be a crime on his part, not your daughter's part.

ScottyMacEsq :

So long as she can show that she is a part owner of the vehicle, there really is nothing that they could do to her, even if she had no intention of refinancing the vehicle.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

The financial agreement between them has been verbal except for child support order. (Which by the way, he is not paying the amount ordered by the court..another issue). She is being diligent in trying to refinance, but has credit issues.

ScottyMacEsq :

I understand. Even if there was a written agreement saying that she would do this, without a court order there would be nothing that he could do other than file a breach of contract against her. If there was a court order, all he could do would be to file contempt against her. There is no crime, so the police will not get involved.

Customer:

Thank you. She does have the contract with both of their names on it.

ScottyMacEsq :

what I mean by that is a contract between her and him saying that she would refinance the vehicle, not the contract with the lender or seller.

Customer:

Yes, I understand. Basically, he is just harassing her. Thank you, XXXXX XXXXX answered my questions.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11717
Experience: Licensed Texas General Practice Attorney
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