Can I gain access to sell a vehicle that is in my name on my property, if I am involved in an unsettled divorce case?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I gain access to sell a vehicle that is in my name on my property, if I am involved in an unsettled divorce case?

Car in my name and paid for. I’m going through a divorce but no papers yet signed. I was asked to return a van that was in his name and involved in bankruptcy; I did. Now I have nothing to drive and have 4 kids. He refuses to unblock my van so I can gain access to it on property we both own. He also is $900 behind in child support. The van is not running he broke the transmission in it and refused to fix it. Can I sell this van?

Asked on December 21, 2011 under Family Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you are in a dissolution proceeding and the vehicle that you are writing about is solely in your name, then under the law the vehicle is presumed to be your separate property which you can do what you wish with. However, if the vehicle is also in the name of your husband under the vehicle's registration, you will have a hard time being able to transfer good title to a buyer because your husband will need to sign off on the pink slip besides yourself.

As to getting access to the vehicle on the property you own, I see no reason why you cannot unless there is a restraining order against you from being on the property you are writing about.

If your husband is behind in child support payments, you should consider consulting with a family law attorney or your county's district attorney's office (AFDC division) to assist in the enforcement of the child support payment in a timely manner.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption