Hi,
I was divorced in Missouri about 8 years ago, but I never removed my ex wife’s name from the car title.
The car was awarded to me in the separation agreement/divorce decree, but I was told that this paperwork is insufficient at the DMV to remove my ex’s name in North Carolina. (I am trying to get a car title here as a new NC resident.)
I have not had contact with my ex during this time and have no way to contact her.
Do I have any options to resolve this?
If you have a court order that requires that your ex-spouse to execute title to a vehicle to you, then you will have to follow Missouri law in regards to contempt of court proceedings in order to have your separation agreement or court order enforced.
If you have a separation agreement from Missouri and you live in NC, then you can file a breach of contract action against your ex-spouse in the county in which you reside and the courts will apply Missouri law to adjudicate the case.
Either way, you will have to find your ex-spouse in order for her to be properly served.
An easier option may be to locate her (you may need to hire a private investigator to do so), explain the issue and the benefit to her for her to execute the car title, and avoid any court remedies assuming she is willing to go along due to the benefit to her of having a vehicle removed from her name and from any responsibility or liability.
NC DMV will need the actual car title signed and notarized by your ex-spouse as the seller in order to re-register it to you alone.
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
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