[TX] How can you get a car title transferred when your ex refuses after a divorce settlement?

TX Family Law

Lawyer, Esquire

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Thanks for sharing that. It sounds like a complicated situation. Okay, if you still have that marital property settlement where you were awarded the car, then if your ex refuses to sign the title over to you, you would have to go back to the court that entered that judgment and file a motion for contempt of court to basically ask the judge to hold your ex liable for refusing to comply with the judge's orders about signing over the vehicle.

With that said, if you didn't want to start out that aggressively, you could have a local civil law attorney or divorce law attorney send your ex a letter threatening to file for contempt if he didn't sign over the title to you.

Under Texas law, a party can seek to hold a former spouse in contempt for failing to comply with the property division terms of a divorce decree, and the court can also issue a clarifying order to make the original decree specific enough to enforce, particularly the provisions on enforcement of a division of property (TX Fam Code § 9.006) and clarification orders (TX Fam Code § 9.008), which support the approach described above.

Motor Vehicle Power of Attorney

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I was divorced in 2021 and as part of the divorce settlement I was awarded a car. I am trying to put it in my name, however my ex is refusing to give me the power of attorney over the vehicle. What are my next steps?

Lexi, Chatbot

I understand how frustrating it can be to deal with issues related to your divorce settlement. Have you already attempted to communicate with your ex about the power of attorney for the vehicle?

I have, yes.

Lexi, Chatbot

Is there any specific reason your ex has given for refusing to grant you the power of attorney?

Not that I know of.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your vehicle ownership issue.

No.

Lawyer, Esquire

Hello and welcome to AskaLawyer! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer, as I am typically working with several customers at once on the website. Is there some reason the title wasn't transferred over back in 2021? Is the vehicle paid off?

Yes sir.

Lawyer, Esquire

Is there some reason the title wasn't transferred over back in 2021? Is the vehicle paid off?

I have needed to pay down the amount that I owed so that it was equal to the loan amount that I would take out. The car was a gift and I didn't realize at the time that my ex purchased the vehicle for twice what it was worth.

I still owe $4,800.

Lawyer, Esquire

My ex is an attorney down in Texas and we have lived in Colorado since 2021. Does any of that change how I should approach the situation?

Lawyer, Esquire

If you mean your divorce was in Texas and your ex is still in Texas and you are in Colorado, then that makes it a bigger hassle to have to go to Texas, but the solution is still the same.

Could I hire an attorney in Colorado to file contempt charges? We have lived here long enough where my prior attorney said that they no longer can handle the case and that I would have to move it to Colorado.

Lawyer, Esquire

You could, but it would be a bigger hassle because you would have to "domesticate" the Texas case by filing a motion in Colorado to have the case transferred formally to Colorado so a Colorado judge could enter orders into the original Texas case.

Does that mean that I should hire another attorney in Texas, or can I file contempt charges on my own?

Lawyer, Esquire

If the case is still in Texas, then you can have a Texas attorney represent you there, or you can file a motion for contempt on your own in Texas in the same court that entered the judgment, as it retains "exclusive and continuing jurisdiction" indefinitely unless the case is transferred to another state.

Perfect. That works. Thank you so much for your time.

Lawyer, Esquire

You are very welcome. Glad I could help. It was my pleasure to work with you and help with your question. Have a great afternoon and be safe!

You as well!

Lawyer, Esquire

Thank you! If you have any more questions in the future, feel free to reach out. Have a wonderful day!

Lawyer, Esquire

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