I live in CA. I filed for divorce in Feb 2012. My ex kept a car that is in my name, she's late constantly and I know it's on purpose. She's also not licensed since she is undocumented. Child custody has been settled . But not the divorce or the debt because pretty much everything is owed. And All in my name. Can I take this vehicle, and give her three weeks so that she can either payoff or refi in her name or anyone else for that matter? I just don't want to accountable for anything she might do with this vehicle.

... Can I take this vehicle, and give her three weeks so that she can either payoff or refi in her name or anyone else for that matter? ...

Sure. I don't see why not.

What were you thinking in letting an unlicensed driver have your car (or in marrying an illegal alien, for that matter)? Is it insured?

I live in CA. I filed for divorce in Feb 2012. My ex kept a car that is in my name, she's late constantly and I know it's on purpose. She's also not licensed since she is undocumented. Child custody has been settled . But not the divorce or the debt because pretty much everything is owed. And All in my name. Can I take this vehicle, and give her three weeks so that she can either payoff or refi in her name or anyone else for that matter? I just don't want to accountable for anything she might do with this vehicle.

You own this car.. its in your name. Just go take it... and the sooner you do it the better... while you have something that might still run or have a resale value.

If I had an ex deliberately ruining my credit I don't think I would give 3 weeks warning. Not even 3 seconds. I'd show up in the middle of the night and drive it away and let her think it was repo'd.

When you were listing assets was this one shown as TBD? The problem here is that even though the car is in your name unless you bought it outside of the marriage then she may have as much right to it as you do. Is there anything in writing that states she is to make payments and what will happen if they are not made?

When you were listing assets was this one shown as TBD? The problem here is that even though the car is in your name unless you bought it outside of the marriage then she may have as much right to it as you do. Is there anything in writing that states she is to make payments and what will happen if they are not made?

I had figured that since OP wrote "... Child custody has been settled . But not the divorce or the debt because pretty much everything is owed. ...", the property division is still to be determined. But of course if there has been a listing of assets, it should be amended if necessary.