Can I get my car back from ex husband?


#1

I did a DYI divorce in Wake County and have been divorced almost 1 year. There was no separation agreement signed and I was left with all the debt. I lost the house to the bank and the only property left were 3 cars. The one in question is in my ex husbands possession. I am only one on the title, it’s my insurance and I pay for the car through the bankruptcy payments. The verbal agreement was that he would pay me the monthly note to reimburse me. He is now 4 months behind and I want to get my car back. He has no credit, cannot pay the car off and cannot get a loan for another car. My question is can I repossess the car thru a third party repo company or get it myself? I don’t know how to proceed.


#2

Since you were divorced without an equitable distribution order in place, you have no ability to get an order from the court under the family law statutes. You need to seek return of the car or payment per your agreement using another civil statute, which is outside of the scope of this forum. You may want to look into filing a complaint for money owed in small claims court.