Marital Property


#1

Dear PB:

Greetings. Do you have a signed separation agreement? If you do not have a signed separation agreement or court order dividing the vehicles, then you are incorrect, the vehicle is not yours, and the law enforcement cannot make her sign a title for you. It will be joint property until sold. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Janet: Yes, I do have a signed separation agreement that specifies the division of vehicles and which one is mine. Sorry to not include that detail. I thought everyone wbo is divorced has a signed separation agreement.

PB


#3

Dear PB:

Greetings. Oh how I wish everyone who gets divorced has a signed separation agreement. If only…

So, back to reality. If she will not sign the same, then your recourse is a complaint for breach of contract. The police have no authority to enforce your separation agreement. If your separation agreement has a clause detailing attorney fees paid in the event of a breach, then you have the upper hand. A letter threatening her with breach and paying your attorney fees may be enough to get her to sign the same. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

Thank you for your help.


#5

I am divorced. My exwife and I split the vehicles. I have since remarried and moved. I need to retitle my vehicle, which was in both our names, for the purpose of paying taxes in a different county. I also, in passing, mentioned to my exwife I may sell the vehicle, since it has many miles on it.
She is now saying she will not sign the title over to me so that I may retitle it unless I agree to take any money from selling it and put half of it in our children’s college fund. I have told her that the vehicle is legally mine and she needs to sign the title over to me and not make it conditional. Thus far, she has ignored me. I really don’t want to send a law officer to the house to force her to sign, but I don’t know what else to do. If I have to do that and it costs me money to do (legal fees), can I force her to pay them?