Location: Denton county, Texas
My ex wife and I got divorced a little over a year ago. In the divorce, she was granted possession of the car that she drove daily. The problem is the car is still in my name and she refuses to get a loan in her own name. Part of our decree states that she is required to pay me the money back every month for both the car payment and the insurance. Since our divorce was finalized in February of 2024, I have yet to see any money from her. There was a clause put into the decree that stated if she “does not remit payment by the end of the month in which it’s due” I am allowed to take possession of the car. Due to issues with getting the child support set up (or so she claims), I gave her way more leniency than I probably should have. It wasn’t until about March of this year that my current wife and I decided to try and enforce that clause in the decree. I gave her a clear heads up and told her she had 2 weeks to do 1 of 3 things. First is to pay me back everything that was due to me. Second was to take out a loan in her name and take the car in her name. Third was that I would come and take possession of the car as was stated in the decree. Well, 2 weeks came and went and my wife and I went to try to take the car. My ex then called the cops and, even after showing and explaining what was stated in the decree and showing that it’s in my name, they essentially told me that since she’s had access to the car the entire time that both her and myself have a right to the possession of the car. I’m not well versed in the law by any means but that sounds like squatters rights to me. So unfortunately I have been unable to take possession of the car.
The next day I stopped by the courthouse to see what could be done. I was informed by someone in the courthouse that I need to file some sort of document. I then read up a bit on the Texas Family Code and found that I could file a Motion for Delivery of Property in accordance with section 9.009. We have yet to file this paperwork because of her threatening to withhold our child from going to see family in August. She’s allowed to do this because it was prearranged, with her agreement, on her days with him. As of now, we are waiting to file the paperwork until after we get back from our trip.
That’s the majority of the story. It’s just recently had a new development that requires some legal advice.
Last month I got a ZipCash bill in the mail for that car that is past due. It was over $200. I sent her a picture through text and told her she needs to pay this as well as gave her the bill so she could take care of it. She said she would. She lied. I just got another bill saying the amount due is now $215 and it is the second notice of nonpayment. Since the car is in my name, I know I’m on the hook for it. I guess what I’m asking here is what exactly are my options for dealing with this without compromising my son being able to see family that he hasn’t seen in 2 years? Keep in mind that if I file the motion with the courts, her likelihood of retaliation is extremely high if not guaranteed. She is a narcissist and doesn’t actually care about her child or anyone else for that matter. All she cares about is herself and how she can use other people. This sounds harsh, I know, but I was married to this woman for 5 years and witnessed it countless times. It’s what she does and what she’s about.
What can I realistically do here?