Legal Question in Family Law in Montana

Property

My ex-wife was awarded a vehicle during the divorce. She did not take possession of the vehicle. It's been 5 months and the vehicle is still registered in my name. Is she still entitled to this vehicle? What am I required to do at this point?


Asked on 2/27/04, 5:03 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Property

Several options come to mind.

First, if your decree of dissolution requires the parties to execute all documents necessary to

complete the property transfers, you can file a motion with the court. Inform the court that the

she was supposed to take care of this is, but she has not complied. Ask the court to (1) enforce

the decree by requiring former wife to cooperate in having the title changed and by requiring her

to remove the vehicle from your property. Include a little incentive for her compliance by asking

the court to award the vehicle to you if she doesn�t carry out her obligation within, say 15 days of

the court�s order. Then you can sell it or drive it yourself.

Second, if your decree doesn�t have the time limiting language, you can still inform the court

how long she�s stalled or ignored the fact that you have outstanding documents to sign and a

vehicle that�s been on your property for five months. Ask for the same things as above.

Third, if you want the vehicle, you can say that she has apparently lost interest in the vehicle, and

that you would like the court to award the vehicle to you. If you can show that you have tried to

contact her about this (sent letters, left voice messages, seen her in person) and she refuses to

move forward, the court might (after waiting the required time for her to respond) award the

vehicle to you.

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Answered on 2/28/04, 11:54 am


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