My ex-husband and I have been divorced for 4 years now, but his name is still on my truck title. We added his name when we married because that was just what people did, but now that we are divorced it’s been a headache. When we divorced I did everything. He was abusive, having an affair, and one day just left without warning and he was gone. He left me with our rent, all our bills, and I had to scramble to take care of myself financially. I had to file for divorce and pay for it, but I couldnt afford food, much less the additional lawyer fees and expense of deciding things like who gets what car in the divorce proceedings. I was occasionally able to get in touch with him but didnt feel safe meeting him in the conditions he set in order to sign off on titles (the car I financed and he took is also in both of our names). When I tried to set time and places where I knew I would be safe, he would procrastinate or cancel last minute or drop off the face of the earth again. The truck barely runs and my current husband and I would like to sell it or at least scrap it but can’t do so without my ex’s signiture on the title too. He has continually refused for years to sign off on it, and at the moment I don’t even know where he is or how to contact him, plus Im afraid of what would happen if I did. I’ve done everything I can to become unfindable by him so to undo that by trying to contact him is scary. What can I do to remove his name from my truck title? Are we just stuck with things this way?
Unfortunately, without a court order or separation agreement requiring him to transfer the title of the vehicle to you, there is no other way to have his name removed from the title.
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.
How do you go about seeing a judge over this issue?? My ex is unable to be found. Police can’t even find him.
If you need to divide marital property and you are not already divorced, you can file a claim in court for equitable distribution which deals with dividing and distributing the marital property and assets and ensuring the party having an asset or debt distributed to them is only in that party’s name.
However, you would have to locate your spouse in order to serve him with the court complaint. If you had done enough due diligence and still can’t find him, you can serve him with the complaint through a newspaper legal ad, which is called service by publication.
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.