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Vehicle sold without knowledge of other owner
In a divorce summary, the wording regarding the vehicle says only that the Petitioner, husband, shall undertake and pay the following debts and will indemnify, defend and hold the Respondent, wife, harmless therefrom: I) Outstanding debt on the 2005 Jeep Liberty
In the same divorce as an Equalizing Award, the husband was to pay the wife $35,000 as and for equalization of the marital estate. The Judgement amount shall be due and payable within 30 days from the date of closing the sale of the marital home or, in the alternative, within one year from the date of hearing in this matter, November 7, 2007, whichever occurs first. In the event Judgement is not timely paid, the outstanding balance will begin to accrue interest at the rate of 9% per annum, simple interest, until paid in full. Situation: the Jeep was in both our names and had a loan against it. The husband recently sold the Jeep without the wife's knowledge even though her name was on the title and passenger registration. The time has come and gone for the money on the Equalizing Award to be paid and the husband has not paid the wife the $35,000. Questions: is this legal? Is the wife able to get the Jeep back since it was sold without her knowledge and consent? How would she go about accomplishing this task? What can the wife do to force the husband to pay the $35,000? If the wife is required to pay an attorney fee to garnish the husband's wages, month by month, who pays the newly acquired attorney fees? |
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1. how was the title written, it sounds like the court gave him the jeep and he was to pay it off, so if it was paid off when sold, then he did basically what the court order said to do. Hold her harmless. Unless the title was written to require both to sign to sell, and normally they are not, one party can sell without the other signing. As long as the debt on the jeep was paid ( which was what the court order said) what is the issue with him selling the jeep, it appears from the divorce he was to get it?? As for the 35,000, OK, did anyone expect him to pay it, even the divorce decree ording interest knew he was not going to pay on time, so take him back to court to try and start forcing some payments |
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