transfer of property- car to ex wife

[seafresh]

ok, looks like my ex will be pissed off.
based on what I read, trustee can take back the car.
as part of the divorce, she got the car and house (2004)(primary care of the children).
I gave her the original tile of the car to her but as usual she lost the title.. then gave her another new title and again, she never filed it. well finally 3 yrs later, she transfer(after losing 3rd title that I mailed to her).
Can she appeal to trustee?? what is her situation??
sometimes, i feel like she deserves this because of her mistakes..

like to get some advice or suggestions??

seafresh

[HeatherB]

Just throwing this out without knowing for sure, but if it was stated in the divorce, I don't think they will take it away from her if she has the paperwork still.

Again, not sure, but think she'll be able to keep it.

[HHM]

The trustee cannot undue a court ordered property settlement within a divorce. If the Divorce Decree ordered that your ex get the car, I don't think the technicalities of the title will be an issue.

Plus, unless you're trying to screw over your ex, the trustee would never know about. In no part of the form does it ask you about property transfers as old as the one you mentioned here (3+ years).

[chpxiii]

May I make a suggestion?

I'm not exactly sure how this works in each individual state, but I would strongly suggest that YOU take the time to transfer the title to her name. I say this because were she to ever get in an accident with the car, whomever is on the title of the car can be held liable and responsible.

Clearly your ex-wife is not responsible. And as much as you probably would hate to have to do "her", really, it is in YOUR best interest to get that title over to her A.S.A.P.

[seafresh]

The trustee cannot undue a court ordered property settlement within a divorce. If the Divorce Decree ordered that your ex get the car, I don't think the technicalities of the title will be an issue.

Plus, unless you're trying to screw over your ex, the trustee would never know about. In no part of the form does it ask you about property transfers as old as the one you mentioned here (3+ years).

divorce was 3yrs but due to her mistake(losing the title) she filed in Aug.. I have report it... (i totally forgot about it and i and to tell my lawyer.( he was not too happy)...

[CindyLou]

Trustee can and will do a title DMV title search in many districts!!!! So if the car is still registered in his name it could likely show up in quick DMV computer search

[seafresh]

Trustee can and will do a title DMV title search in many districts!!!! So if the car is still registered in his name it could likely show up in quick DMV computer search

i already let my lawyer know about it.. playing safe. transfer of the was part of the divorce settlement.

[dscurlock]

May I make a suggestion?

I'm not exactly sure how this works in each individual state, but I would strongly suggest that YOU take the time to transfer the title to her name. I say this because were she to ever get in an accident with the car, whomever is on the title of the car can be held liable and responsible.

Clearly your ex-wife is not responsible. And as much as you probably would hate to have to do "her", really, it is in YOUR best interest to get that title over to her A.S.A.P.

sdfsdfsdffsssd

[JRScott]

As long as you've informed the lawyer then it should be okay. Having him know and not get blindsided is best.

In order to aid in the process you might want to dig up a copy of your divorce decree. Also I'd perhaps have the ex-wife make a notarized statement that indeed you had signed over the title several times and that she had lost it several times thus delaying the transfer of title as per the divorce decree. (These should quieten the Trustee because he will ask about it. )

[HHM]

divorce was 3yrs but due to her mistake(losing the title) she filed in Aug.. I have report it... (i totally forgot about it and i and to tell my lawyer.( he was not too happy)...

The divorce decree is the operative document...thus, I don't think you need to say you OWN the car on your petition. And despite some belief to the contrary, trustees do not do record searches routinely.

In any event, you told your lawyer, so let that person figure out what to do.