Can my ex-husband take a vehicle away from me because the title is in his name?

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Can my ex-husband take a vehicle away from me because the title is in his name?

I have been driving and paying for a vehicle for the past 4 years. My ex-husband and I signed an agreement that stated that I was to retain and maintain the vehicle that I drove during the marriage. The problem is that I am moving to another state and now he is saying that because the vehicle is in his name that I can’t take it due to him being held responsible if anything happens. What’s is my recourse at this point?

Asked on June 4, 2011 under Family Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

Well under his reasoning he would be responsible if you got in to an accident in any state and you have been driving the car all this time.   I am assuming that the agreement was the divorce settlement that you negotiated. Is the loan in both of your names or in his alone?  That matters here.  Because if the loan and title are in his name then he can not transfer title to you free and clear because of the lender.  He has to abide by the agreement that he signed and if he wants to modify the agreement he is going to have to ask the court to do so and then you are going to ask the court to ratify the agreement already made or for compensation.  Good luck. 


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