My husband was court ordered to transfer our family van title to me but prior to doing so he got it impounded, how do I now get it out of impound without paying thousands in fees

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My husband was court ordered to transfer our family van title to me but prior to doing so he got it impounded, how do I now get it out of impound without paying thousands in fees

Me and my husband separated and
went to court so that we could come to
an agreement with child and alimony
support. Along with that agreement
was a court order that the family van
title in his name was to be transferred
into my name and the van was to be
turned over to me. He never did either
one and got the van impounded for
suspended registration. The impound
fees are now 3,500 which I can not
afford. Do I have any rights to get the
van from impound without paying?
What can I legally do without having to
somehow come up with the money
before they auction off my car?

Asked on May 14, 2018 under General Practice, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you can't get the van from impound without paying for it, since impound was not a party to either your marriage or your separation and is not bound by the agreement entered into in your divorce. (Only parties to a case and/or those who sign an agreement are bound by an agreeement settling a case.) The agreement in your separation affects you and your husband, but no one else.
What you can do is sue your husband for the value of the van (it's then-current fair market value, as of when it was impounded), since he was obligated to turn it over to you but failed to do so. You would sue him based on breach of the agreement.


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