What happens ifI was awarded a car in my divorce but my ex-husband had it voluntarily repossessed?

I’m recently divorced and I was granted my car but its still in my ex-husband’s name. He called the loan company and told them to repossess it. So is he entitled to have my car voluntarily taken even though the judge granted it to me in the divorce?

Asked on July 28, 2010 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

That is a tough position to be in.   You need to go back to court.  Your position could be one of two: that he dissipated a marital asset awarded to you in the divorce or that he was a bailor holding your asset and he is guilty of conversion (the latter may not fly).  Either way you need to be compensated.  The Judge may even be so annoyed by his actions that he holds him in contempt of the cort order awarding you the vehicle.   Can you prove that he made the call and had it picked up?  Anger gets the best of people in a divorce proceeding and after.  Once thia matter is celared up you can hopefully move on with your life and he will too.  Getting past it all takes time.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.