Legal Question in Family Law in Georgia
i was divorced a couple a years ago. I was given the rights to the car, which is not paid off. however, the car is in his name. I have been paying the payment since the divorce but now he is saying that he has the right to come take it. Is this true?
2 Answers from Attorneys
Since we haven't read the paperwork, no one here can answer you. Ask the lawyer that represented you in the divorce as he will know.
In the divorce decree, it should set out what happens when you pay off the car. Also, in general, if one ex spouse fails to make car payments, the ex-spouse with title has the right to file a motion for contempt.
However, if the order does not give your ex the authority to take the car, he repossesses the auto at great risk of being found in contempt. The judge has the right to impose severe sanctions for such repossession, and award any damages you may suffer.
If you had an attorney during the divorce, you should direct the question to him/her. If you didn't have an attorney, you should schedule a meeting with an attorney to review the divorce decree.
I am available to assist, if you do not already have an attorney.