Legal Question in Family Law in Missouri

Divorce Decree Question

I was divorced 3 and half years ago. In the decree I was awarded my vehicle and my exhusband was ordered to pay it off. Well he paid it off but now he wont give me the title. I have asked him several times and he will not give it to me. It is in both our names and he said he can keep it if he wants to, I disagree since I was awarded it in the divorce and he signed the papers which said he gave up all right and title to it. I believe he may be in contempt of court as he is defying the judges orders. Am I correct and if I am what can I do to get my title from him? Thank you for any advice.


Asked on 12/03/02, 5:01 am

2 Answers from Attorneys

Re: Divorce Decree Question

If the vehicle was awarded to you in the divorce, you are entitled to the vehicle's title, which should be reregistered in your name. Perhaps he will not relinquish the title b/c he has not, in fact, paid off the lien on the vehicle. You may want to verify with the lienholder (bank) that it has been paid off in full. Assuming it has, and that you're the legal owner of the vehicle, he would be in contempt of the court's order by not delivering the title to you. Unfortunately, if he is unwilling to comply with the order your only recourse is to petition the court to order him to give you the title in question. I would recommend engaging an attorney to assist you if you choose to take this course of action. Often a letter from your attorney, which informs him of the risks of his continued conduct will be sufficient to obtain the title. I would try the letter first, and if it is not successful, proceed with a motion before the court to recover the title (and requesting that your ex-husband pay your attorney's fees and court costs, of course) If you need assistance in this matter, feel free to contact me at 816-444-1172.

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Answered on 12/03/02, 8:44 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Divorce Decree Question

The response your question received from the attorney Mark Reiter is an excellent one! In fact, it is exactly what I would have responded myself. This Bulletin Board does not tell us what part of the state you are located in, only that the question involves Missouri law, and what field of law it involves. If you are located in the Eastern part of the state, and elect to use an attorney, you should feel free to call me for a free telphone consultation at 314-727-2822.

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Answered on 12/03/02, 10:49 pm


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