I want my SUV back

D

djones

New Member
Jurisdiction
Washington
Hi all new here and struggling to get divorced.

A little back story. I filed for divorce and told my spouse that she could pretty much have what she wanted. Unfortunately we had a bought of DV MM3. Nothing major (not to down play DV) I broke a mirror on our SUV and got charged with it. Never touched her. She left the home and everything in it, including our children. Before she left I signed the title to the SUV over to her so that she would have a vehicle to drive around and it wouldn't be under my name. Well the vehicle that we agreed she would drive has been abandoned at a repair shop for over 3 months. According to the mechanic he has been trying to reach her but, she hasn't been responsive. Do I have any rights to it? The mechanic is giving me the opportunity to claim it before he has it towed and I never see it again. I know simply asking her for the title will not get me anywhere. We are still married so I would assume it's community property. My divorce is taking place in King County WA. The vehicle was purchased during the marriage.

Thank you to all that reply.

Now to create a thread on default divorce.....
 
Hi All,

I am currently going through a divorce and my spouse is not "cooperating," as far as doing her part. I filed for the divorce and left the state (for work) and then she "filed" (I think) in a different county in the same state I filed in. Fast forward I get paperwork from her lawyer for a custody hearing and lose. No problem, no sweat. After the hearing she calls me and says that she is doing paperwork and she wants full custody and all the good stuff which I agree to. Fast forward again and I contact her lawyer to see what the hold up is. The lawyers tell me they no longer represent her because of payment. Again, no problem. We recently had a court date which she did not appear at. The judge scheduled another court date and told me that if she did not appear that I would have to file a default for the divorce. The judge was not willing to answer any questions, which is understandable. I just need to know what exactly my options are.

My questions:
What is this default divorce the judge speaks of?
If she doesn't show up what happens?
If she is a no-show do I refile again for a default?

I have Googled default divorce but, it's still not clear to me. Any help from you gals/guys would be greatly appreciated.

Divorce is in King County WA
 
djones said:
What is this default divorce the judge speaks of?
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I have no idea what the judge told you.
There is no such critter as a "default divorce"
The judge could have meant you can petition the court to grant you a "default" judgment because the woman failed to appear.

djones said:
If she doesn't show up what happens?
Click to expand...

If you file the CORRECT motion seeking a default judgment in your favor, you'll prevail and obtain EVERYTHING you're seeking in your petition for divorce.

Now might be the moment most people wait to arrive, go hire yourself a lawyer to bring this one home for you!

You might be able to get FULL custody and a court order where she pays you child support.


djones said:
If she is a no-show do I refile again for a default?
Click to expand...

Asked and answered, move on.

Hire yourself a lawyer and walk away as UNDEFEATED divorce champion.
 
djones said:
Do I have any rights to it?
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Not if what you said is true about SIGNING away your interests to her and giving her title to the vehicle.

If that's true, its her abandoned vehicle.

However, the garage might file a lien against it to get paid.
If its done properly, your could end up owning it by paying off the lien.

If you simply pay her repair bill, without the mechanics lien, it;ll still be her car.

Ask the garage how it can be done giving you title to the vehicle.
 
army judge said:
I have no idea what the judge told you.
There is no such critter as a "default divorce"
The judge could have meant you can petition the court to grant you a "default" judgment because the woman failed to appear.

Petition for a default judgement sounds more like what he said.

If you file the CORRECT motion seeking a default judgment in your favor, you'll prevail and obtain EVERYTHING you're seeking in your petition for divorce.

Now might be the moment most people wait to arrive, go hire yourself a lawyer to bring this one home for you!

I wish I could afford one. That's why I'm here.

You might be able to get FULL custody and a court order where she pays you child support.

Do you think I could get Full Custody with DV MM3 hanging over my head?


Asked and answered, move on.

Hire yourself a lawyer and walk away as UNDEFEATED divorce champion.
Click to expand...

Thank you for your reply
 
army judge said:
Not if what you said is true about SIGNING away your interests to her and giving her title to the vehicle.

It's signing my interest away even if it was purchased during marriage? Does it not stay community proprty?

If that's true, its her abandoned vehicle.

However, the garage might file a lien against it to get paid.
If its done properly, your could end up owning it by paying off the lien.

If you simply pay her repair bill, without the mechanics lien, it;ll still be her car.

Ask the garage how it can be done giving you title to the vehicle.
Click to expand...

Time to get in touch with the repair garage.
 
djones said:
Unfortunately we had a bought of DV MM3.
Click to expand...

That is unfortunate!

djones said:
Do I have any rights to it?
Click to expand...

Doesn't sound like it.

djones said:
We are still married so I would assume it's community property.
Click to expand...

Given that you transferred title, that may not be a good assumption.

As for everything else, and especially since you've apparently moved out of state, you need to consult with a divorce attorney.
 
I'm confused as to how being that I signed the title over it means I gave up rights to it. So if I wouldn't have signed it over and she wanted it what would have happened then? Does it mean she would have no rights because it was titled to me? Also I will be getting my DV case dismissed in November. Do you guys think that will give me a better chance at getting custody of my kids?
 
djones said:
Do you guys think that will give me a better chance at getting custody of my kids?
Click to expand...


You don't want the useless opinions of strangers about important family matters.

Go talk to a couple family law attorneys near you tomorrow, and another couple n Wednesday.

The initial consultation is normally offered FREE of charge.

The time you spend talking about important legal matters, face to face with real attorneys will be well spent.
 
The asset was probably a community property asset since it was acquired during the marriage. However, you transferring title without any reservation of community property rights might have effected a transmutation of the asset to your wife's separate property.

Again, I suggest you consult with a local divorce attorney.
 

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