Whatt o do if the divorce court judge ruled that my ex was to pay off the car loan and sign the title over to me but he didn’t?

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Whatt o do if the divorce court judge ruled that my ex was to pay off the car loan and sign the title over to me but he didn’t?

Instead, he defaulted on the loan and the car got repossessed and auctioned to a dealership. Can I sue him and get my car back? I’m a single mother of 2 daughters and I take care of my disabled mother, so I need my car back.

Asked on October 31, 2012 under Family Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You had a responsibility to ensure this did not occur.  In the eyes of the law, if your name was also on the loan, you had to either take your ex to court to petition the court for a contempt motion or you had to have the order amended. If your name was not on the loan, you needed to try to find financing and get the car in your name as well. Here, you probably won't get the car back since he defaulted and it was repossessed. You need to file a motion in court, and simultaneously find out if the dealership still has the car and it has not been auctioned off. If it is gone, petition the court for monies so you can purchase a new vehicle.


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