What holds more legal weight, the decree or the title? 13 Answers as of May 06, 2014

In my divorce decree my ex got the car but he never got my name off of the title. He has passed away. My name is still on the title. I have the title. He never remarried but has a minor child and everyone (parents, siblings, baby momma) wants the car. Who has legal right to it?

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Durham Jones & Pinegar | Erven Nelson
You must honor the court decree. I suggest that you turn the car over to the executor of your ex-husband's estate and cooperate in transferring the title to the estate.
Answer Applies to: Nevada
Replied: 5/6/2014
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
The decree says it is his, so it is HIS. You need to sign off on the title, or they can take the decree and get the title reissued to his estate OR they may get a court order to have you held in contempt and possibly put in jail. If you fail to sign off when requested, you could be held in contempt of court and put in jail. It is your choice. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answer Applies to: Nevada
Replied: 5/5/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You need to contact a family law lawyer for this matter.
Answer Applies to: California
Replied: 5/2/2014
James Law Group
James Law Group | Christine James
Not you. He got it in the divorce. The family is going to have to fight over it.
Answer Applies to: California
Replied: 5/2/2014
Frederick & Frederick PLC | James P Frederick
The decree. You may hold the title, but you gave up your right to ownership in the divorce. So you would be deemed to be holding title in constructive trust for the heirs or beneficiaries of the estate. You need to be careful, because if you are deemed to have converted the car, you could be liable for triple damages.
Answer Applies to: Michigan
Replied: 5/2/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    It should go to his beneficiaries.
    Answer Applies to: California
    Replied: 5/2/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The representative of your ex-husbands estate could try to enforce the terms of the divorce decree. This would require opening a probate estate and filing a Citation to recover assets. If a significant length of time has passed since the date the decree was signed by the Court they may have to prove that your ex-husband failed to make the change in title as an error and you could argue he intended to benefit you.
    Answer Applies to: Illinois
    Replied: 5/2/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    As of now the person holding the title legally owns the vehicle. However, if the child's mother can challenge that in court.
    Answer Applies to: Florida
    Replied: 5/2/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Generally his estate has the right to the car. If they want it someone has to file a probate action and get appointed personal representative then claim it.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Gates' Law, PLLC | Thomas E. Gates
    The car belongs to the estate of your ex-husband.
    Answer Applies to: Washington
    Replied: 5/2/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The decree can be used to compel you to transfer the title.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Even though legal title was not changed, the car belonged to him. It goes according to his will, if any, or, if none, then to his children. Presumably it should be sold and the moneys placed into an account for him.
    Answer Applies to: California
    Replied: 5/2/2014
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    His heirs.
    Answer Applies to: Texas
    Replied: 5/2/2014
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