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

Answers:

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.


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