My question involves a title issue in the State of: IOWA
So this case is a little unique in the sense that it involves a divorce decree but I'll try to sum it up as quickly and easily as possible.
1. Couple gets divorce. W gets car in decree.
2. Car is still not paid off, W fails to make payments and car is repossessed by dealership.
3. H has agreement with dealership that if the car is repossessed, he has first option to start making payments and take possession. H does so.
4. H continues making payments on car for a matter of months.
5. Sometime during those months, W takes divorce decree to clerk and has herself listed as sole titleholder of the car (they were still joint holders prior to this).
6. H attempts to get title switched to his name, as he is in possession and is making the payments on the car.
7. Clerk refuses because divorce decree gives her the car.
They are both listed on the loan, I don't know if that makes any difference?
Also, W has cops sent to H's house twice as she claims car is hers. Cops won't do anything of course without a court order (which is unlikely for her to obtain).
My question is: Does anyone know what the best method/process is for H to get the title changed?
My thinking would be W lost her rights to the car when it was repossessed and that this would be fairly easy to prove to the clerk. But, the divorce decree is causing complications. I would appreciate any and all help. Thanks!
So this case is a little unique in the sense that it involves a divorce decree but I'll try to sum it up as quickly and easily as possible.
1. Couple gets divorce. W gets car in decree.
2. Car is still not paid off, W fails to make payments and car is repossessed by dealership.
3. H has agreement with dealership that if the car is repossessed, he has first option to start making payments and take possession. H does so.
4. H continues making payments on car for a matter of months.
5. Sometime during those months, W takes divorce decree to clerk and has herself listed as sole titleholder of the car (they were still joint holders prior to this).
6. H attempts to get title switched to his name, as he is in possession and is making the payments on the car.
7. Clerk refuses because divorce decree gives her the car.
They are both listed on the loan, I don't know if that makes any difference?
Also, W has cops sent to H's house twice as she claims car is hers. Cops won't do anything of course without a court order (which is unlikely for her to obtain).
My question is: Does anyone know what the best method/process is for H to get the title changed?
My thinking would be W lost her rights to the car when it was repossessed and that this would be fairly easy to prove to the clerk. But, the divorce decree is causing complications. I would appreciate any and all help. Thanks!
Transfer of Title: Getting Name Changed on Title when Title Holder is Hostile
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