Legal Question in Family Law in Ohio

Enforcing a Divorce Decree

I was divorced about a year ago and in the decree my ex - husband was to take financial responsibilty for a van that we had purchased in 2003. I am now remarried and my husband and I just applied for a mortgage. We found out that my ex had never refinanced the vehicle and is currently four months passed due. My ex has refused to refinance or sell the van. It is currently keeping me from being able to purchase a home. What legal recourse (if any) can I take? Also it is my understanding that since my name is still on both the title and the loan that I can sell it but my ex is refusing to produce the van. Is there anything that I can do about this situation? Any information or advice that someone could give me would be GREATLY appreciated!


Asked on 11/11/06, 3:30 pm

1 Answer from Attorneys

Frank Rozanc Frank J. Rozanc, Esq.

Re: Enforcing a Divorce Decree

Your only recourse is a Motion to Show Cause as to why he not be held in contempt, as he is in violation of the court order. In your motion, you also can ask the court to order him to produce the vehicle, or at least say what he did with it. Depending on the language of the divorce decree, his inability to refinance might not be a defense.

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Answered on 11/12/06, 10:51 pm


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