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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90102
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My final divorce decree awarded a vehicle that is in my name

Resolved Question:

My final divorce decree awarded a vehicle that is in my name (since I was the only one on the loan) to my ex-wife. My ex-wife has since not been able to refinance the vehicle in her name and she now needs to register the vehicle. However, she is unable to register the vehicle because I completed a "transfer of title" with the DMV on the vehicle to her. I did this for two reasons. First, she obtained a ticket in the vehicle from a red light camera and since the vehicle is registered to me, the ticket was in my name. I had to have a way to protect myself in these kinds of situations. Second, the final decree awarded the vehicle to her, so I felt that the title should be transferred into her name. Also, per the final decree, I obtained a Limited Power of Attorney for my ex-wife to register, insure, license, and obtain documentation from the lien holder on the vehicle. Currently, the DMV will not let her register the vehicle while the "Transfer of Title" is in place. I would really like her to refinance or sell the vehicle to get the vehicle out of my name and I would like to protect myself for any future traffic violations she may receive in the vehicle; so I am hesitant to remove the "Transfer of Title".

I guess my question is, "Do I legally need to remove the Transfer of Title in this case?" Would I be liable for any fees incurred if she is not able to register the vehicle? Am I ultimately responsible for registering the vehicle even though the final decree awards it to her? Is there anything I can do to force her into refinancing or selling the vehicle to get it out of my name and off my credit report?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
The problem with this situation is that while the court can give her possession of the vehicle, there is nothing the court can do to force a lender to give her a loan, so as long as she is making reasonable efforts to get the loan in her name there is nothing the court can do about getting the loan out of your name.

The other problem is that the court gave her use of the vehicle and unless she can register the vehicle she cannot use it. Thus, the court could indeed make you remove the transfer of title.

Any tickets she gets, as long as you have the court order, you can get cleared from your record by showing them to the court.

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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90102
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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