My Ex's Vehicle

B

Beetlejuice87

Guest
Jurisdiction
Colorado
I was awarded the family vehicle in my divorce. The vehicle is in my ex husband's name and he pays the car payment in lieu of spousal support until he turns the vehicle over to me. While waiting 11 months for him to turn the vehicle over to me the vehicle broke down and needed major repairs. As a struggling mother of 6, my mother helped me purchased a new vehicle which was cheaper than fixing the vehicle awarded in the divorce. The vehicle is currently sitting in my driveway. He refuses to come remove it off my property. Do I face any legal repercussions if I have the vehicle, which is in his name, towed to his property or do I need to file some sort of legal document before I do that?
 
Hmm... it seems to me that with that lengthy delay he didn't really comply with the requirement to turn the vehicle over and only did so once it had broke down.

If that is the case and you don't want it on your property try contacting a towing company first and get an idea of how they would handle it. Most likely they would remove it from your property and store it in their yard until they get paid, accruing daily storage fees in the mean time.

Once you are certain you won't be billed, snail mail the ex a letter (with a signed delivery receipt) informing him of the tow and storage costs he will be responsible for if he does not remove the vehicle within 10 days of receipt. If he doesn't comply, let the tow company have it.

The letter isn't really necessary, but it could keep things simple and work in your favor if he whines about it later.

However.... if you actually have had possession of the vehicle all this time and now you don't want it because it broke down, that is quite a bit different. You certainly could pay to have it towed to his place, but it is your expense. Otherwise let it sit while he continues paying for it.
 
Wait. You were awarded the car and It's on your property which means he already "turned it over to you."

Which means that you are responsible for the repairs and/or the current condition.

I don't see where he has any obligation to remove the car for you.

I don't think either of you can dispose of it until the loan and the title issue are resolved.

Meantime, you could end up getting cited by the city for having an inoperable car on your property.

Seems like you are between a rock and a hard place (as most divorced couples seem to be) unless you and him get this resolved with or without going to court.
 
Just tow the car back to your husband and tell him, you don't need a broken down, disabled car.

You can probably do it yourself with the use of a U-Haul car trailer and a friend's pick up truck.
Or, rent the truck and rig BOTH from U-Haul for around $50.00 for the car trailer, and $25.00 for the pick up (give or take the actual cost in your neck of the woods).

Frankly, its his car, as its still titled in his name.
Its on your property.
You could simply call a tow outfit, and have it towed off of your land.
The cost to you to have that done, ZERO out of your pocket!
 
So did he sign the title over to you or is it still in his name? If your name is on the title, it's your car. If his name is on it, it's his car.
 
Back
Top