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  1. #1
    Join Date
    Jan 2012
    Posts
    8

    Default Buying a Vehicle from a Divorcing Owner, Not Titled to Seller

    My question involves vehicle registration or title in the state of: California or Arizona. I live on border of California and Arizona. I purchased a 2008 ATV Polaris from a lady who didn't have title but claims the judge awarded it to her in divorce settlement. However her husband purchased it on "revolving credit" and in divorce settlement husband was ordered to pay off the debt which she claims he did not do. Can I get a title if money is owed on it? It's almost 10 years old. I've got Bill of sale and may be able to get copy of divorce judgement.

  2. #2
    Join Date
    Nov 2013
    Posts
    6,708

    Default Re: Atv Purchased from Woman After Judge Granted to Her in Divorce

    You will not be able to get a title until the lien is paid off. The lady had no legal right to sell you the ATV until it was first titled in her name and that would have required the lien being paid. Their judgment of divorce is not going to help you.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,620

    Default Re: Buying a Vehicle from a Divorcing Owner, Not Titled to Seller

    Quote Quoting bardgirl
    View Post
    My question involves vehicle registration or title in the state of: California or Arizona. I live on border of California and Arizona. I purchased a 2008 ATV Polaris from a lady who didn't have title but claims the judge awarded it to her in divorce settlement. However her husband purchased it on "revolving credit" and in divorce settlement husband was ordered to pay off the debt which she claims he did not do. Can I get a title if money is owed on it? It's almost 10 years old. I've got Bill of sale and may be able to get copy of divorce judgement.
    The divorce decree won't mean a thing to either the CA or AZ DMV.

    Fortunately, both states allow you to post a bond to get a title.

    Take your bill of sale to the DMV and ask about it.

    Bottom line, though, is that you are probably good and screwed. It was incredibly stupid to hand over the money without title in hand.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,489

    Default Re: Buying a Vehicle from a Divorcing Owner, Not Titled to Seller

    The first thing you need to investigate is whether there's actually a lien on the vehicle. The lien holder will certainly block the request. Attempting to get a bonded title with an active lien is wasted effort. "Revolving Credit" generally refers to an unsecured account so the fact the purchaser owes money on something he bought with it means nothing with regard to what he bought.

    If the title is currently in the husband's name and he won't sign it over the wife (not you) can try to get a contempt order to force him to do so.
    If there is indeed no lien, then yes, then you can try a bonded title.

    Note, that a bonded title is more than just showing up and applying and paying the bond in Arizona, you need to also show you've notified all the parties involved by certified mail and wait 30 days for a response.

    There are companies that will help you through this process.

  5. #5
    Join Date
    Nov 2013
    Posts
    6,708

    Default Re: Buying a Vehicle from a Divorcing Owner, Not Titled to Seller

    Why would a court order the payment of revolving credit in the name of the husband for the purchase of an ATV ? There could be may things that the husband purchased on a credit card. I don't think OP knows that it is revolving credit and is just calling it that. Revolving credit companies don't track what payment go to any certain item purchased.

    Just saying, it sounds like (to me) that he has a loan and a lien.

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