Legal Question in Family Law in Kansas

My divorce was finalized May23, 2014 and my ex-husband was suppose to get our car loan turned over into his name in 30 days. He told me he was in the process.

I got a call from the loan company stating the the car has been up for repossestion since the end of May. I told them the last address I had for him. I called my ex and he stated he had paid (which I knew he was lying) he said he would get it taken care of.

Yesterday I get a call from the loan company stating that they call my ex and he told them that was not in possession of the car and that I had the car. I have not seen the car in over a year and he has had the care since we separated 2 years ago.

What can I do to protect myself. Can I report the car stolen since I don't have it and he states he does not have the car.

I know that he has the car probably locked in someones garage or he took it to another state to his family. He has done this in the past because I drove a car for 2 year that was in someone elses name and I had no idea until it was finally repossessed and they told me he did the same thing to her.

I don't have money for an attorney since I am a single mom and he took everything prior to leaving.

What can I do?


Asked on 7/24/14, 6:49 am

1 Answer from Attorneys
Anthony Smith LawSmith

You can report tree car as stolen, but that would only protect you from a claim that you're hiding the car. And, that may get you in trouble, if it is later shown that you didn't get the car in the divorce, and you knew that your ex last had it. Reporting the car stolen will not be a defense to a civil suit based upon the unpaid loan. Unless they have consented, the lender is not bound by the division of debt in your divorce decree.

What you could do is file a Motion to have your ex found to be in contempt for failure to get the loan refinanced into his name only. You might need an attorney to assist you with that.

Good luck

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Answered on 7/24/14, 7:40 am


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