Legal Question in Family Law in Texas

I had to go through a common-law marraige divorce in Texas. I am not sure if this was lawful or not, but he ended up with my truck. The truck is financed through a credit union, but he has bad credit and was not able to re-finance it into his name. He has been late on EVERY payment for the past year. The truck was finally repoed and issued back to me. I had to pay the past 3 payments owed on the truck plus a repo fee to get it back. He sent me a certified letter stating that I had 10 days to return the truck to him or I would go to jail. Is this true, do I have to give it back and can I be put in jail for keeping it?


Asked on 12/17/11, 10:26 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

I assume that the divorce decree awards the truck to him. I also assume that (1) your name is the only name on the title and (2) he never got the title transferred to his name.

Don't worry about jail; he's trying to bully you. I can't imagine the police getting involved in this situation; they would tell him that "It's a civil matter."

Write him a letter and state exactly how much you paid to get the truck back, and demand that he reimburse you (by cashier's check). Get a "club" to put on the steering wheel. Give HIM ten days to reimburse you.

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Answered on 12/20/11, 6:01 am


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