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Divorce and vehicles?

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ICUB4ER

Member
What is the name of your state? Kansas

My attorney finally got a court order for one of the vehicles, I was supposed to get the 91 GMC truck.
I went to stbx's house this evening with the court order and a Sheriffs Officer to get the truck.
The officer told stbx that we were there to pick up the 91 GMC truck.
Stbx told the officer that he had traded the truck off on the van he is now driving. When the officer came back to me and told me that, I told him that he had traded the 95 Chevy truck, not the 91 GMC.
The officer went back to stbx and talked to him again. Then the officer and stbx walked out behind a barn and apparently the 91 GMC was parked there.
The officer came back to me and said that he had found the truck, but that stbx said that it belonged to his girlfriend and showed the officer the bill of sale made out to his girlfriend and dated in December.
I called our insurance agent today and asked if a vehicle could be insured by one person, but titled to another person. Agent said no, the vehicle must be titled to the insured person.
I asked if stbx still had the 91 GMC on the policy and was told yes, it is still insured on his policy.
I can't talk to my attorney until tomorrow afternoon when she gets out of court, but I am curious as to what happens now. Did stbx "pull a fast one and lie to the officer"? Am I SOL as far as the truck goes?
The kids and I really need a vehicle to get around in so I can stop asking my parents and friends for rides.
 


LdiJ

Senior Member
ICUB4ER said:
What is the name of your state? Kansas

My attorney finally got a court order for one of the vehicles, I was supposed to get the 91 GMC truck.
I went to stbx's house this evening with the court order and a Sheriffs Officer to get the truck.
The officer told stbx that we were there to pick up the 91 GMC truck.
Stbx told the officer that he had traded the truck off on the van he is now driving. When the officer came back to me and told me that, I told him that he had traded the 95 Chevy truck, not the 91 GMC.
The officer went back to stbx and talked to him again. Then the officer and stbx walked out behind a barn and apparently the 91 GMC was parked there.
The officer came back to me and said that he had found the truck, but that stbx said that it belonged to his girlfriend and showed the officer the bill of sale made out to his girlfriend and dated in December.
I called our insurance agent today and asked if a vehicle could be insured by one person, but titled to another person. Agent said no, the vehicle must be titled to the insured person.
I asked if stbx still had the 91 GMC on the policy and was told yes, it is still insured on his policy.
I can't talk to my attorney until tomorrow afternoon when she gets out of court, but I am curious as to what happens now. Did stbx "pull a fast one and lie to the officer"? Am I SOL as far as the truck goes?
The kids and I really need a vehicle to get around in so I can stop asking my parents and friends for rides.

Your attorney is going to have to file for contempt. The judge is NOT going to be pleased.
 

ICUB4ER

Member
Any idea as to whether or not the kids and I can still get the truck?
According to stbx and the Sheriffs officer, it now belongs to his girlfriend. Stbx only showed the officer a bill of sale, not the actual title.
But, according to our insurance agent it must still be titled to him if he has the insurance on it. Is it considered fraud to insure a vehicle not titled to the insured person?
I don't know what to think or expect.
Can a judge still award it to me IF he really has put it in her name?
What might the consequences be for him IF it really is titled to her now?
 

ICUB4ER

Member
My attorney filed contempt and we had the hearing last Tuesday morning.
STBX showed the judge the purchase contract that the truck was infact purchased in his girlfriends name, BUT admitted that he had paid for it out of one of his many 401K withdrawals.
My attorney showed the judge that the truck is on stbx's insurance policy, and his girlfriend is not on the policy with him.
According to our insurance agent, the law says that a vehicle must be titled to you for you to carry insurance on it in your name.
The judge told stbx that he had 24 hours to deliver the truck to me, and set an evidentiary hearing for the 30th.
It has now been one week and I still don't have the truck. Stbx told me that he will go to jail before I ever get another thing from him, that he bought the truck for his girlfriend as a Christmas gift and neither I, my attorney, nor any judge can touch any of her property.
Any idea's on what may happen on the 30th when we go back to court and the judge hears that stbx never delivered the truck to me...if anything?
 

moburkes

Senior Member
Insurance

ICUB4ER said:
My attorney filed contempt and we had the hearing last Tuesday morning.
STBX showed the judge the purchase contract that the truck was infact purchased in his girlfriends name, BUT admitted that he had paid for it out of one of his many 401K withdrawals.
My attorney showed the judge that the truck is on stbx's insurance policy, and his girlfriend is not on the policy with him.
According to our insurance agent, the law says that a vehicle must be titled to you for you to carry insurance on it in your name.
The judge told stbx that he had 24 hours to deliver the truck to me, and set an evidentiary hearing for the 30th.
It has now been one week and I still don't have the truck. Stbx told me that he will go to jail before I ever get another thing from him, that he bought the truck for his girlfriend as a Christmas gift and neither I, my attorney, nor any judge can touch any of her property.
Any idea's on what may happen on the 30th when we go back to court and the judge hears that stbx never delivered the truck to me...if anything?

I am an insurance agent, but I'm not licensed in KS. However, there are many companies that will insure a vehicle that is not registered to the people on the insurance policy. So, I'm not sure that it is a LAW, but it is definitely in the best interests of all parties that it is titled to and insured by the same person. The companies also charge a higher premium for this circumstance. (No one near me is licensed in KS). Could possible get a more complete answer this afternoon.

Not that this solves your problem. I was just pointing out one thing that you mentioned.
 

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