My Car is in Both our Names


#1

Dear Malibu:

Greetings. First, let me sympathize how frustrating it is when you pay to have an agreement drafted, send it to your spouse, and then hear NOTHING! It sounds to me like your spouse has all the funds in this situation. Sometimes, all the talking, letter writing, and e-mailing I do in a similar situation is fruitless if the spouse does not care to respond.

First, remember that if the divorce is filed and you have not dealt with the equitable distribution (property division - including the car) in a separation agreement or filed for the same in court, that you LOSE the right to ask the court to divide your marital assets.

Therefore, I advise you to push your X to respond to you quickly about the changes he wants to the separation agreement. Also, the separation agreement with you changes will not work if you file them for a divorce hearing. Look at the documents we provide here on our website concerning filing for divorce. It sounds to me like you need to file for equitable distribution (to get the car in your name). Take note though that it will cost a lot more than the $750.00 you spent. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

I’m in the same boat! My attorney has had the titles to both his car and my car without doing anything. Since all paperwork goes to his address, I have had my license plates suspended and fines attached. I sought help with the dmv and was successful getting these fees dropped. I don’t get property taxes or renewal information or anything in the mail because his name is listed first. Keep pestering your attorney or find another one. I am looking for a new attorney myself! Also keep in touch with motor vehicles to stay informed. They can put the physical address for your vehicle on their information, but that is all they will do.


#3

Dear Malibu & DJMJCREW:

I am sorry to hear about the DMV problems. Maybe a motion for interim distribution will assist you in getting the titles changed if you are in litigation. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

My ex and I seperated in February of 02 and I have been driving the car he and I purchased new a couple of years ago. Since the seperation, I have made all of the payments and insurance, and all of the maintenence. He has purchased other vehicles since our seperation.

The first name on the car is his, and all of the mail concerning this car goes to his address, which I have been unable to change. I am also concerned about what to do if I need or want to sell or trade this car, because I am sure he won’t sign any papers at free will. I hired an attorney a few months after we seperated, and they sent him seperation papers which he refused to sign because he said it didn’t benefit him enough. Well, part of the agreement was that he was to sign the car over to me. The attorney that handled it said they would talk to him regarding his refusal, and take him to court, if need be. They never did anything, so I paid $750 for no help whatsoever. I would also like to know if I made a few changes on the seperation papers, including removing the name of the former attorney (I called them and got permission to use this in this manner) would I be able to file it with the clerk of court for a divorce hearing? Thanks so much for your help.