How can I get my car back?
Question Details: Divorce decree states ex may retain custody of vehicle if he has it refinanced & placed in his name. Vehicle loan is solely in my name & registered in my name. Divorce was granted in April 09. Ex has made not attempt to refinance car & I am still paying the car note and insureance. Can I just take the car? Can I declare it as stolen if I declare that he no longer has my permission to drive? Do I have to go back to court? He has another vehicle that is solely in his name.
I don't think declaring it as stolen will do the trick. You need to do this the right way and that is by going back to court. It's been 5 months since the divorce and he has failed to comply with the court's order to have the car refinanced in his name. Your attorney should request that the court order the transfer of the vehicle back to you.
I'm not a Hawaii lawyer, and I don't have your divorce decree in front of me to see exactly how this is worded; the wording, and how the courts of your state handle this sort of thing could make a real difference in the result. For reliable advice, I'd talk to a local attorney before you do anything.
Reporting the vehicle as stolen doesn't really make any sense; he didn't steal it, and having the stolen-car report on the record will complicate matters. It might be possible to take the position that he has given up his right to keep the car by not refinancing it, so that you can take it back on your own; he might then take you to court, but he'd have to do the refinance, and (I would hope) reimburse you for your payments on the car over the last five months before the court would give him back the car. The safest route is always to go back to court first.
