My question involves divorce in the State of: Texas
My ex and I started divorce proceedings in early Fall of 2005. At that time we had two vehicles. One we owned outright that I purchased about 3 weeks before we were married, the other we had been buying from a relative of his for the previous 2 1/2 years. There was still 1 year of payments remaining on it.
At first he was driving the vehicle I owned outright because it only seats 2 and I had to transport the children. After things turned ugly, he had his family take back the vehicle that we had been buying, even though I continued to make all payments and refused to return the other to me, leaving me with no transportation at all, and out 18,000 for a vehicle that his family just drove to my home and took, and I never saw or heard from them again. Meanwhile, his job provided him another vehicle, so he moved my vehicle to an undisclosed location where it has been ever since. He does not drive it, he just won't return it because he feels he is owed it. He did not own a vehicle when we got married, I owned one that was dying and then bought this one in the weeks leading up to the marriage.
During the divorce the vehicle was not in the decree as it is premarital property. I brought it up to the judge that he would not return it, showing him the title in my name, solely, and the judge told him to return it, but it was not put in writing. He still will not disclose the location of the vehicle, nor return it. It has not been registered, inspected, or insured since my last time to do these, back in 2005. I have not been able to locate the vehicle since early 2006. He has not a single piece of paper to prove or show that he should have possession of this vehicle. I have all the papers, from the bill of sale, to the title, and none have his name on them anywhere. I did place a lein against my own title so he could not apply for a lost title in my name, so he cannot legally sell or get rid of the vehicle in any way.
I have sent him demand letter after demand letter, and I have tried on at least a dozen occasions to report the vehicle stolen or ask the police to accompany me to his home to demand the vehicle. The police refuse to allow me to make a report since at the time that he took it we were legally married, and since it was taken from a different county than where he lives, neither police departments will get involved, stating it is a civil matter.
I cannot take him to small claims court over it because he took it over 2 years ago. (according to the court)
How can there be no legal recourse for me to recover a vehicle that I own free and clear, but cannot locate?