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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30391
Experience:  Attorney with experience in family law.
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Two years ago I divorced my husband. The decree stated that

Customer Question

Two years ago I divorced my husband. The decree stated that he could keep a car that is registered in my name and the loan is in my name so long as he got a loan in his name and reregistered the car. He has kept the car, made most payments (though he missed one and my credit is now shot) but refuses to get a loan. Can I legally have the car repossessed?
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
You unfortunately cannot repossess the car because, even though it's still in your name, there's a court order that says it now belongs to your husband. If you take the car back, he could ask to have you held in contempt of court, and you don't want that.
With that said, your husband is in contempt of court if he's not making any efforts to refinance the loan in his name. You have the ability to file a motion asking him to show the judge exactly where he's applied for a loan and produce proof that he was denied for a loan or face sanctions. Sanctions are usually monetary, but you could ask the judge to order that he return the car to you as a punishment. He usually wouldn't do that for a first violation of the order, but if this continues and he just won't do anything he's supposed to do, then it is possible.
The BANK can repossess the car due to late payments, but that's something for them to do on their own.
You ALSO have the ability to file a Motion for Injunction, asking the judge to order him to turn over any awful photos he has of you and not to under any circumstances show them to any third party. Then he'd be in contempt of court if he showed them to your work - and you could sue him for intentional infliction of emotional distress, intentional interference with employment, and invasion of privacy. All of those torts carry punitive damages.
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