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?

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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 9 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.


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