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Property Recovery -- Can I go and retrieve my car?

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  • Property Recovery -- Can I go and retrieve my car?

    Recently divorce 30 Nov 12 residing the Virginia. In the Final Decree, my spouse was to put our car in her name and take over the payments. This was also part of our Seperation Agreement signed back in Apr 12.

    To this date she has not. Since the car is still in my name along with the title, loan, and registration, can I go and retrieve my car since te*****ally its my car?

  • #2
    re: Property Recovery -- Can I go and retrieve my car?

    Did the judge sign off on the terms of the separation agreement that requires her to do these things?

    You may well need to take her to court to seek contempt charges. Until you do, she could easily turn around and sue YOU for contempt if you simply try to repossess the vehicle.

    Is the car titled currently under your name only? How about the loan? Was there a requirement that she refinance the car?
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

    Comment


    • #3
      re: Property Recovery -- Can I go and retrieve my car?

      Wow 2 weeks and already you want to take her car!!! The judge is going to laugh at you. Give her a reasonable amount of time to obtain financing.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

      Comment


      • #4
        Originally posted by Disagreeable View Post
        Wow 2 weeks and already you want to take her car!!! The judge is going to laugh at you. Give her a reasonable amount of time to obtain financing.
        I believe that was 2012.

        Comment


        • #5
          re: Property Recovery -- Can I go and retrieve my car?

          Originally posted by Disagreeable View Post
          Wow 2 weeks and already you want to take her car!!! The judge is going to laugh at you. Give her a reasonable amount of time to obtain financing.
          Originally posted by goddessoflubboc View Post
          I believe that was 2012.
          That was my first response as well, until I realized that the divorce decree was finalized in November 2012. The separation agreement was entered into 7 months previous to that.

          That would make it 5 months since the final decree. Still need to have OP address the questions before the next response.
          "If it ain't in writing, it never happened."
          "A lack of planning on your part does not constitute an emergency on my part."
          "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

          Comment


          • #6
            re: Property Recovery -- Can I go and retrieve my car?

            Originally posted by goddessoflubboc View Post
            I believe that was 2012.
            Ahhhh, Thx Goddess, I'm not firing on all cylinders tonight. In that case you need to take her back to court for contempt and see what the judge says.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment

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