What can I do if according to my divorce decree, I am supposed to be in possession of a vehicle that has not been given to me?

In fact, my ex-husband sold it to a car dealership to get a brand new vehicle. Can I call the police to report it stolen? Can I have them escort me over to his house to retrieve the vehicle that is supposed to be mine?

Asked on September 11, 2015 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file an offense report for either theft, hindering a secured creditor, or unauthorized use of a motor vehicle.  If the vehicle was awarded to you, he had no authority to encumber it.   
Your other option is to file a motion for enforcement and seek damages in the amount of the vehicle.  You need to do this sooner than later because the general statute of limitations is only two years.


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