Legal Question in Family Law in New Mexico
divorce
In my divorce papers I was given the car, THe papers stated that he had no rights or claims to the car even though his name was on it, In the divorce settlement I was going to pay it off when i got the settlement , He said he was not going to give me the title . He said he was going to keep the title untill he dicided what he wanted to do with it. I worked and made the payments on it. I can,t afford a lawyer. In the divorce papers it stated that if either party was in default the other was going to have to pay for the lawyer . I need to know what i can do. its been 5 yrs and i have ask him for the money i paid on the car and he said he was,t going to give ot to me.
1 Answer from Attorneys
Re: divorce
Your query lead me to want more information. You do not state, affirmatively, that you have, in fact, paid for the car. You do not state, affirmatively, that he actually has the title. Most people who 'owe' on 'the car'owe money to a lending agency (bank, credit union, loan company, etc.) so you need to clarify to whom were you making the payments. Regardless, if you did pay off the car (according to the court order) and he is refusing to give you the title (if he has it) then by all means take him to court and ask the judge to make him follow the court order.
I would suggest that you see the same lawyer you used originally; if that person is not available then see my other answers in this bulletin board about how to get a lawyer. You can also go to legal aid and they may give you direction as how to proceed on your own.
good luck.
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