Legal Question in Civil Litigation in Washington

assest division and liability of an atv owner

My divorce was final in Febuary, and it was decided in the final papers that our home when our home was sold, it should be paid off, and any remaining money would be used to pay off, in this order, his new truck, a dirt bike (that is in my name, title and loan), and then the rest be split between us in cash. In the end, the home did not sell for as much as we expected, and we were told that only $5100 would be left. Not enough to take care of any one debt. When I went to sign the final papers, I was told that for some reason my name was not on the estate, and they could only cut the $5100 check to my ex. He took it all and hasn't returned my calls for a week. In addition, he is still riding the dirt bike, without a license, (it's road legal), and hasn't made a payment on it for two months. What if any recourse do I have, and if not, how can I obsolve myself of responsibility if he wrecks the bike and injures someone or damages property? My ex believes that since a prior refinance payed off my vehicle, and his didn't get payed off that it is only fair that he take all of the remaining money and leave me the debt of the bike without returning it to me.


Asked on 8/15/07, 12:41 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: assest division and liability of an atv owner

Your recourse is to ask the Court for an order enforcing the decree. The court will do it, so much as it is possible. Your ex is flouting the court's ruling, and courts don't much like that.

You had a plan to divide the equity and he unilaterally decided to do another plan, cheating you out of the benefit of the bargain you made.

Lawyer up. This sort of conduct will also support an award of attorney fees for you, paid for by him.

Hope this helps. Elizabeth Powell

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Answered on 8/15/07, 1:04 am


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