What are my options if my ex-wife was supposed to refinance the car which is in my name but she has not and now is not making the payments?
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What are my options if my ex-wife was supposed to refinance the car which is in my name but she has not and now is not making the payments?
I got divorced 2 months ago. She got the car that was in both our our names. The divorce states she had until this month to refinance the car to get my name removed. She has not done that and is not making the payment. My name is the primary on the car. I don’t want the car. What are my options?
Asked on April 25, 2017 under Family Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your only recourse is to pursue contempt of court against your ex for failure to comply with the terms of the divorce decree.
You will need to file an Order to Show Cause, for a hearing. Call the court clerk to schedule the hearing. You should also file with the court a declaration signed under penalty of perjury stating the facts supporting your contempt of court claim. You should also file any additional documents providing supporting evidence of contempt of court (your ex not refinancing the car and not making payments). Attach a proof of service (court form) to the documents you are filing with the court and mail a copy of your court-filed documents with the proof of service to your ex. The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if there are any other required documents you need to file for contempt of court because the requirements may vary from state to state.
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