Legal Question in Family Law in Virginia
My ex-wife and I are co-owners on a vehicle, I am the primary. In the divorce decree she is required to pay the insurance and I am required to make the vehicle payment. We have a verbal agreement that she will pay me the cost of the insurance monthy because I did not want to get a mandatory insurance charge by the lien holder because my ex has a history of blowing off bills. She is now 3 months in the "rears" from making the insurance payment to me. At what point do I have the right to do a personal repossession on the truck since she does have a decree in the divorce stating she will pay the insurance which she is now negligent on?
1 Answer from Attorneys
Do you have a provision in the divorce agreement that was incorporated into your decree that discusses delinquent payments? It is important to read all the terms to see how you can go about enforcing the provisions.
If the decree does not specify otherwise, you can file a warrant in debt to collect the money from her.
It is important to review your agreement carefully, as you may have a provision for attorneys fees. This provision might permit you to hire an attorney when you are trying to enforce the agreement and would force your ex-wife to pay for your attorney fees.
I strongly recommend contacting an attorney who deals in contracts and family matters.
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