Legal Question in Family Law in Texas

I have been currebtly divorced for 3 years going on 4. In our divorce I was awarded the house and she was awarded the car. The car was in NOTH our names, so she had to have the car transfered to her name. Here is the problem, she still hasnt done it. I was told to send a certified latter to her telling her that she has to refinace the car and have it in her name within 30 days or I am coming to get the car. First of all can I do that? And if so do I have to give her 30 days? she has already had almost 4 years. And lastly if I can take the car back how do I go about getting the keys from her, becouse I know for a fact that she is gonna fight me on this and not hand them over


Asked on 4/16/12, 1:30 pm

2 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

I don't know who told you all that, but no, you can't legally do that. First of all, if she was "given the car" in the divorce, it does not necessarily follow that her ownership of the car was made contingent on her refinancing the car in her name only. If the decree actually requires that she do that, then you can go back to court with a motion to enforce that provision. Otherwise, you're out of luck--ownership of property and allocation of debt do not always go the same way, and if that wasn't specifically addressed by the decree, she could very well have been awarded the car, but both of you may remain liable for the debt associated with the car. Even if the decree does order her to refinance, you cannot just go take the car because she hasn't done so. Sending her a notice letter isn't at all a bad idea (because it would tend to establish to the court that she didn't just "forget"), but sending that wouldn't give you any legal rights in and of itself.

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Answered on 4/16/12, 2:24 pm


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