My apologies for the wait.
What normally happens in a divorce when there is an item mortgaged by both parties is that the Court cannot simply "void" the contract for one of the parties, since this would be unfair to the lender who is not party to the divorce.
Ergo, what the Court does is state that one party must (1) continue to make payments wholly themselves, even though both are on the mortgage/loan and when the item is paid off, then they get the item and the other non-paying party signs off on the title transfer, or (2) the party that gets the item re-finances and takes the other off the mortgage/loan.
If a party that does not have court-ordered possession of the item attempts to interfere with your possession of it, then they can be held in contempt. So of course you have this option, but it is a post facto
option - what can you do now
to avoid even having to be in such a situation?Tell the lender
. That is right - it is that simple. Simply contact the bank and tell them that you have the court-ordered
possession of the item. Send them a copy of the temporary orders
with the proper paragraph highlighted along with an explanatory cover letter, warning them that you have possession, and she cannot ask the bank to repo the car because the Court has given the possession (and the ability to repo, arguably) to you, at least temporarily. The bank may then disregard any of her requests for this until/unless the orders change and she has possession.
The bank will know what to do most of the time. It is a good idea to come into the branch and ask to speak with the branch manager about this, and personally hand them the letter with the copy of the orders. This should help guard against her doing this.