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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Paid off pickup which was awarded to partner in divorce. It

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Paid off pickup which was awarded to partner in divorce. It was in xspouse name also. Bank is holding title to truck because xspouse defaulted on her snowmobile and credit card which were not in my partners name. Can they legally do this? What can we do?

Thank you for your question.

Did your ex spouse pledge the truck as collateral on the loans for the snow mobile and as security on the credit card?
Customer: replied 3 years ago.
No it was not used for collateral. They r trying to repossess the pick up
Customer: replied 3 years ago.
I responded hours ago and have not received a response?
I'm sorry. The website has been experiencing technical difficulties. I just got your response.

Unless there was some provision in the loan agreements which pledged the truck as collateral on the credit card or the snowmobile loan, then the bank cannot seize the truck unless they have judgment on those loans which states they are due.

You say the truck was paid off and was awarded to your partner. Do you mean it was awarded to your ex-spouse?
Customer: replied 3 years ago.
Is was awarded to my partner by his ex spouse.
The first thing to do would be to show the divorce decree to the bank. Have you attempted this yet?
Customer: replied 3 years ago.
Yes, we have.

And as I understand it, you still have the truck, but the bank is holding the title and wont give it to you? Correct?
Customer: replied 3 years ago.
Yes, that is correct.
At this point, you have are really limited as to what you can do.

If you want to risk it, you allow the bank to hold the title and if they attempt to physically take the truck, you sue the bank for wrongful repossession.

Or, you can sue the bank now for breach of contract (i.e., you've paid off the loan and they are supposed to give you the title) and for a declaratory judgment (the court has rules that your partner own the truck and a declaration that your partner is not liable on the debts of the ex-spouse and the truck is not collateral on that unrelated debt).
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