I have been divorced for a few years. My ex husband filed equitable distribution post divorce but dropped the case minutes prior to the court hearing. My attorney said the property in question was mine. I wanted the case to proceed but the ex dropped it.
The issue I’m having is regarding a car and the title. My attorney sent me a text telling me “he (my ex-husband) dropped the ED case.” I asked about the car ownership and my attorney said “it’s yours”. I repeatedly asked via email about how the title would / should/ could be signed over to me since “it’s mine” but never got a reply so I stopped asking.
I’ve been driving this car still titled to my ex-husband. I need the title in my name. The car was at Ford for repairs and they said he could take it since his name is on the title. I’ve lived in my same home for 18 years so he knows where I am.
I have been dealing with an acutely ill daughter and driving out of state for years for specialists and I focused on those issues rather than continuing to ask my attorney the same question without reply.
I paid 5k for equitable distribution and aside from the text “it’s yours” there has been no resolution regarding the title. I’ve had the car all this time , paid registration at DMV, and insured it.
Can you advise me on how to proceed? My ex dropped the claim, I have the property, and Ive really needed the title. What does the law say about transferring ownership of property / titles?
I’ve thought about reporting it to DMV as abandoned property to get the title. My attorney said it was mine since he dropped the claim. If I report it as his abandoned property in my possession for years does that imply I believe he has a right to it and perhaps cause more problems?
My attorney’s text message of "it’s yours (the car) " does not impress the DMV or Ford.
It sounds like there was never an equitable distribution order filed in court addressing who kept what property and how to effectuate full and final ownership of various items of property.
You will need to ask your ex-husband to sign the title to transfer ownership to you. Otherwise, there is nothing you could file in court to force him to transfer the title assuming the absolute divorce has been granted.
Reporting the car as abandoned property would not imply that he has a right to it since, assuming the absolute divorce is granted, your ex-husband cannot file in court to have the car distributed to him.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I have a follow-up question I hope you will answer.
Will you explain the legal process that happens in my case (absolute divorce granted, ED filed by my Ex-husband)?
I hired an attorney, submitted my paperwork (reply) to my attorney and I have those copies from the office. The car was listed in the claim. I do not know what happened with it after that.
Is that reply paperwork filed with the court? If so, which attorney submits it?
What is the legal process when replying to a case in this circumstance described above?
Equitable distribution cannot be heard by the court if it is filed after the absolute divorce judgment is entered. The court would not have jurisdiction to hear this matter or proceed with it in any way.
All responses such as answers, counterclaims, and replies to counterclaims are filed with the court and put in the court file. The attorney for the party filing the response is the one that submits it to the clerk’s office for filing.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I received ED claim filed with court immediately after the divorce. Perhaps “absolute” divorce is the confusion on my part.
I do understand that there is a 6 month window to file a post divorce ED and that is why the court scheduled a date for the hearing.
If there was no legal basis for the claim / case the court would not have set a date to hear the case and settle the matter and the attorney I hired would have advised me I did not need representation in a matter that would not be heard in court.
I’m still hoping for answers regarding the paperwork/ reply process as described previously as the court accepted his filing and did schedule a court date.
ED can be heard after an absolute divorce is granted if the claim was pending at the time the absolute divorce judgment was entered. ED cannot be filed after an absolute divorce has been granted. The six-month exception you refer to is if the defendant is served with an absolute divorce by publication.
If your husband filed the ED action, then you would have to file an answer in response to the claim, and a counterclaim if appropriate in your case to do so.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.