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?

UPDATED: Sep 30, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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