[quote=smartblkchick]If the car is yours according to the divorce decree YOU CAN get rid of the car without your ex-husbands signature. The divorce decree overrides agreements, etc. made while you were married. So, co-ownership is a moot point. If I were you, I would go to the DMV and have the owenership of the car officially changed. It could save you some grief later.
As long as the husband is a registered co-owner and still named on the title of the car, then the OP cannot sell the car without the husband’s signature. Doesn’t matter what the dissolution decree says…it is not proof enough to have the car titled in the OP’s name.
We just ran into this in our office, only it was with a timeshare condo. The son of a deceased owner (his mother) of a timeshare wanted to enlist our services (law firm) to change the title of the unit to himself.
The title on the unit was listed in both her name and her ex-husband’s (our client’s step-dad) name. Their divorce decree stated she received the Colorado condo as part of their settlement, and the husband received another condo.
The decree was not enough to change the title. We would have had to file in the county a pleading to determine heirship in both owner’s names (both were deceased), and we would have had to include the step-dad’s children.
After all this rambling, my point is that this is not an uncommon event. When a couple gets divorced, and wife gets this property and husband gets that property, and it is all laid out in the decree, most people leave it at that. What should happen next is the proper title documents be executed to reflect the decree details.
OP, I suggest, if you can, go through your lawyers. Have your lawyer send the title to his lawyer and have his client sign the title and get the vehicle in your name as soon as possible. Good luck, and God bless.