Refusal To Return Premarital Property
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?
Re: Refusal To Return Premarital Property
You've waited two years since the court ordered the car removed, and still haven't done anything?
Re: Refusal To Return Premarital Property
No I haven't "waited" and done nothing in those two years. I have searched, I have called anyone I can think of who might know where the truck is, I have driven to every location I can think of that it might be, I have called every single police department in the entire area trying to report it stolen, multiple times, I have sent him numerous demand letters, I have asked him repeatedly where it is, I have placed a lein on the title, I have tried to file against him in small claims court.
Since none of that has worked, I don't know what else there is to try. There has to be SOME way I can get my own vehicle back.
Re: Refusal To Return Premarital Property
What I would have suggested two years ago would have been getting a written order consistent with what the judge said in court, then initiating contempt proceedings if he didn't follow the order. You can still try that approach.
Re: Refusal To Return Premarital Property
I did try to file for contempt but his lawyer got it tossed out because of some technicality on the way it was worded. I've filed 3 separate contempt charges against him and they've all just been dismissed because the decree isn't "clear" enough to enforce.
What were to happen if my vehicle is involved in some accident or crime or anything of the sort while I cannot locate it. Am I going to be held liable for a vehicle I own but cannot seem to legally posess?