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  • 10-19-2010, 09:45 AM
    540sport

    State laws vary. What state are you in?

    Generally if the car was in her name she has the right to sell it. I don't think you can reverse a sale unless it was done by fraud. IE: she forged your name on the title. If the buyer paid fair market value, or close to it, and had no knowledge of any wrongdoing, most courts won't reverse the sale.

    The divorce agreement is enforceable by your states family court. What was the wording of the particular section that said the car was to go to your daughter? Some states have automatic restraining orders during a divorce that prevents the dissipation of assets. While she might be held in contempt, your daughter may only receive the money that the car was sold for, but you might receive the lawyers fees for prosecuting the contempt.

    Good luck.
    Vin
    98 540 Sport with everything & extra hots
    BMW CCA, Boston Chapter
    "The 540 is the head-case supermodel girlfriend..." Eric S.
    "The worst thing you could do with your money is save it." ~ Jackie Gleason
    If everything seems under control, you're just not going fast enough. Mario Andretti
    The United States is a nation of laws: poorly written and randomly enforced. - Frank Zappa



  • 10-19-2010, 08:51 AM
    nnunez

    Re: My wife sold the car

    If the new owner has not registered it in his or her name, you cannot find out. In fact, you may be even liable for any accidents that may occur while its under your name. This happened to my mom a while back.

    I remove the license plates to any car that I sell.

    You can try to run the license plate thru the DMV website. I'm not sure if this is public information in your state though.

    Good luck and from experience it is that I recommend you to move on. Leave that phase of your life behind you. It was what it was, as good or bad as it may have been.

    Make this an opportunity for YOU.

    2000 540i Sport in Houston, TX
  • 10-19-2010, 08:40 AM
    nnunez

    Unauthorized use of vehicle is NOT a civil matter.



    2000 540i Sport in Houston, TX
  • 10-19-2010, 08:39 AM
    nnunez

    I bet this may be true in any state.....



    2000 540i Sport in Houston, TX
  • 10-19-2010, 08:36 AM
    nnunez

    If you report it stolen, youre open to a lawsuit..

    Not only that but you'd be filing a false report. This is illegal in any state.

    2000 540i Sport in Houston, TX
  • 10-19-2010, 08:34 AM
    nnunez

    Is there a law to reverse a sale?

    Property is just that, property and It has a specific value. Maybe the value could be re-cuped but not the car.

    If she is in contempt of court, that may help. But doubtfully. The laws are written to protect women almost in all aspects and all she has to say is that she felt the car was unsafe and that will be the end of that.

    Dont harp over it so much. This may be the perfect opportunity to get that great M5 (or whatever) you've been longing. The sooner you get over it, the sooner you move on.

    When my x left me, she took everything. She thought that I'd be pissed. But I told her to keep the old crap and I'd buy myself new crap. 3 years later she went broke and had none of the old crap.

    2000 540i Sport in Houston, TX
  • 10-18-2010, 02:38 PM
    bwseidner

    Re: Perhaps.VIN look up

    Lawyers are involved. Still need to find out who bought the car. Can someone perform a VIN look up for me please?
  • 10-17-2010, 01:03 AM
    bilbmw

    Also...

    ...using your vin to track the owner might futile, at least at this point. If the buyer registered your car right away, it would/may take some time for the new registration information to work it's way through the DMV/BMV system. Unless the buyer went directly to the DMV/BMV to switch everything over or dealt with a business that is online directly with your state's DMV/BMV, it could take weeks to find out anything through your vin. And yes, in my "occasional small town", we have tag places that are online with my state's BMV and one can walk out with a new metal license plate, license plate sticker, and a new registration card in the new owner's name. These online tag places can do this in about 15-20 minutes or less.

    '00 M5
    -Carbon Black
    -Blk/Blu interior
    -Rogue short shift kit

    '97 528i
    -'99 Double VANOS motor
    -Jet Black
    -Sand Beige interior
    -Black Dashboard (upper/lower) and Center Console
    -Black all leather shift handle
    -Debadged
    -Mr. MPL lower mesh grille
    -Shadowline (diy) ext. trim
    -Frenched high beams
    -Clear front turn signals
    -Red/clear taillights
    -Clear side markers
    -Amber fr. fog lamps
    -Rear fog lamps
    -In-dash CD player (CD53 Business)
    -Dice iPod integration kit
    -CMT5000VR cell phone (old tech.)
    -Bav. Autosport mats w/ B/A icon (blue)
    -Burlwood e-brake handle
    -///M dead pedal
    -Rear view mirror w/ compass
    -Chrome instr. rings
    -...and a rebuilt GM 4L30E transmission!!

    '86 528e

    '87 Chrysler Conquest TSi w/5spd.

    '89 Merc. Grand Marquis

    BMWCCA member since 1998
  • 10-17-2010, 12:48 AM
    bilbmw

    Perhaps...

    ...you could go through your state's DMV (or BMV) to see who the title was transferred to as well as if there a bill of sale for the car. This situation really calls for your attorney to seriously look into this. Especially since she seems to have violated the terms of the decree. What is your attorney's take on this? Have you spoken with any law enforcement officials?

    If you did find out who bought the car, they may be uncooperative towards you, so I think it's important you file some sort of complaint; either to the police or to the courts. Or both.

    '00 M5
    -Carbon Black
    -Blk/Blu interior
    -Rogue short shift kit

    '97 528i
    -'99 Double VANOS motor
    -Jet Black
    -Sand Beige interior
    -Black Dashboard (upper/lower) and Center Console
    -Black all leather shift handle
    -Debadged
    -Mr. MPL lower mesh grille
    -Shadowline (diy) ext. trim
    -Frenched high beams
    -Clear front turn signals
    -Red/clear taillights
    -Clear side markers
    -Amber fr. fog lamps
    -Rear fog lamps
    -In-dash CD player (CD53 Business)
    -Dice iPod integration kit
    -CMT5000VR cell phone (old tech.)
    -Bav. Autosport mats w/ B/A icon (blue)
    -Burlwood e-brake handle
    -///M dead pedal
    -Rear view mirror w/ compass
    -Chrome instr. rings
    -...and a rebuilt GM 4L30E transmission!!

    '86 528e

    '87 Chrysler Conquest TSi w/5spd.

    '89 Merc. Grand Marquis

    BMWCCA member since 1998
  • 10-16-2010, 02:36 PM
    cmybimmergo

    If your daughter did not agree to the sale of the

    in contempt of court. Consult your attorney.
  • 10-16-2010, 02:30 PM
    bwseidner

    Re: Sorry to here this......

    The car was supposed to go to my daughter and it was listed in the divorce decree like that. But she sold it and she is driving the new car. So I want to interview the peroson that bought it. I have the VIN - how can I use the VIN to find out who bought it?
  • 10-16-2010, 11:47 AM
    edjack

    One does not HAVE to title that way.


    Ed in San Jose. BMW CCA member since 1987 (Nr. 62319). Golden Gate Chapter. '97 540i 6 speed. Build Date 3/97. Aspensilber over Aubergine leather.
  • 10-16-2010, 04:18 AM
    bilbmw

    In my state, there is such a thing...

    ...as I said in my prev. post, how this may apply to situation involving a divorce (or some other civil action), if it would apply at all, I am not sure. But, in my "occasional small town", if someone (especially if you knew that person; brother, sister, spouse, neighbor, etc.) took your vehicle and you knew that person had your vehicle and they had not or would not return it, the department in my area would take a report and depending on the circumstances, would either enter it into the system as a stolen vehicle or as a "try and locate". As I said before, if located, depending on the outcome of the vehicle investigation, it is possible that charges could follow (auto theft, or unathorized use of auto charges), or the vehicle could be returned to the registered owner. To repeat, how this would play out if two names are on the title or registration documents, especially in a divorce, I am not sure.

    But, if there appears to be some serious question about the sale or aquisition of a vehicle or if there is a belief that a possible fraud has occurred (illegal sale of auto, etc.), the vehicle in question could be impounded by the detective division that handled the initial report for further investigation; this is where my "occasional small town" police department's Major Crimes Auto Squad might get involved. As far as a "pursuit" and all of that, I think you're getting too far ahead. If someone sold your vehicle without your knowledge or permission, or even decided to "hold" it for several days despite knowing they did not have permission to have it, is imho, just as bad as stealing it; regardless if a divorce or other civil matter is involved. Oh yeah, my "occassional small town" is a major east coast city with a population over one million. ;)

    As someone else mentioned, Barry should to get a lawyer, if he doesn't have one already. I don't know the details of his situation but it sounds like the good ol', "I'll show him" game. That is wrong!

    Good luck Barry. I hope everything works out for you.
    '00 M5
    -Carbon Black
    -Blk/Blu interior
    -Rogue short shift kit

    '97 528i
    -'99 Double VANOS motor
    -Jet Black
    -Sand Beige interior
    -Black Dashboard (upper/lower) and Center Console
    -Black all leather shift handle
    -Debadged
    -Mr. MPL lower mesh grille
    -Shadowline (diy) ext. trim
    -Frenched high beams
    -Clear front turn signals
    -Red/clear taillights
    -Clear side markers
    -Amber fr. fog lamps
    -Rear fog lamps
    -In-dash CD player (CD53 Business)
    -Dice iPod integration kit
    -CMT5000VR cell phone (old tech.)
    -Bav. Autosport mats w/ B/A icon (blue)
    -Burlwood e-brake handle
    -///M dead pedal
    -Rear view mirror w/ compass
    -Chrome instr. rings
    -...and a rebuilt GM 4L30E transmission!!

    '86 528e

    '87 Chrysler Conquest TSi w/5spd.

    '89 Merc. Grand Marquis

    BMWCCA member since 1998
  • 10-16-2010, 03:17 AM
    zackkcaz

    Re: Sorry to here this......

    I would get a russian to kidnap her, and sell her into the black market and ask how she likes that?



    2000 540i auto 89,xxx miles. Anthricite gray ext/black int.



  • 10-16-2010, 02:43 AM
    dsalinas

    cont... "try and locate". In order for any

    department to enter a vehicle into the computer system, which includes LEADS, the statewide police computer system and NCIC, which is the national database, they have to follow certain guidelines, one of which is "complaints will be signed", meaning that a crime has been committed and the victim is willing to prosecute. In a husband / wife situation, ownership is usually considered joint, so as I mentioned no one would even take the report. Also, I'm curious what would happen in this place that has this "try and locate" system when the police try to stop the vehicle once located and it refused to stop. Would the police then engage in a high speed pursuit? There is way too much liability put on the cops in that scenario. I've never heard of such a thing, except for the occasional small town where everyone knows everyone else and a local asks the cops to keep an eye out for someone. Unofficially, of course.

    jet black 2000 528iA
    sport premium package
    MB Quart speakers
    two Alpine amps
    MTX subwoofer
    AudioControl equalizer
    Dice interface for iPod
    BMW CCA member
  • 10-16-2010, 02:33 AM
    dsalinas

    In my state, there is no such thing as a



    jet black 2000 528iA
    sport premium package
    MB Quart speakers
    two Alpine amps
    MTX subwoofer
    AudioControl equalizer
    Dice interface for iPod
    BMW CCA member
  • 10-16-2010, 12:48 AM
    bilbmw

    Some departments...

    ...will take the report and rather than enter the vehicle into the system as stolen, they will enter the vehicle into the system as a "try and locate". If the vehicle is found, at the very least the reporting party will (should) be notified. If someone is driving the the vehicle, the officer(s) making the vehicle stop would still be obligated to contact the investigating agency and/or the reporting party for further instructions. Check with your local department as each jurisdiction has their own protocal for such situations.

    Given the civil (uncivil?) nature of this particular situation, I'm not sure how it would apply if the purchaser of the car was unaware of the pending divorce, especially if there are two names on the title.

    '00 M5
    -Carbon Black
    -Blk/Blu interior
    -Rogue short shift kit

    '97 528i
    -'99 Double VANOS motor
    -Jet Black
    -Sand Beige interior
    -Black Dashboard (upper/lower) and Center Console
    -Black all leather shift handle
    -Debadged
    -Mr. MPL lower mesh grille
    -Shadowline (diy) ext. trim
    -Frenched high beams
    -Clear front turn signals
    -Red/clear taillights
    -Clear side markers
    -Amber fr. fog lamps
    -Rear fog lamps
    -In-dash CD player (CD53 Business)
    -Dice iPod integration kit
    -CMT5000VR cell phone (old tech.)
    -Bav. Autosport mats w/ B/A icon (blue)
    -Burlwood e-brake handle
    -///M dead pedal
    -Rear view mirror w/ compass
    -Chrome instr. rings
    -...and a rebuilt GM 4L30E transmission!!

    '86 528e

    '87 Chrysler Conquest TSi w/5spd.

    '89 Merc. Grand Marquis

    BMWCCA member since 1998
  • 10-16-2010, 12:06 AM
    VinM

    Find out what the law is in your state regarding..

    matters like this ASAP...if she had no legal right to transfer title, then you could probably get a court order to reverse the sale.

    Sorry this happened to you...hope you get your car back.

    Vin
  • 10-15-2010, 08:36 PM
    dsalinas

    Wow. Glad I don't live on the left coast.

    That is at least until the snow starts flying here in Chicago. ;)

    jet black 2000 528iA
    sport premium package
    MB Quart speakers
    two Alpine amps
    MTX subwoofer
    AudioControl equalizer
    Dice interface for iPod
    BMW CCA member
  • 10-15-2010, 07:48 PM
    edjack

    In CA, we can title Mr or Mrs. Either can sell >>

    w/o the other. Good idea in case of a death, but not a divorce.

    His state may also allow that.
    Ed in San Jose. BMW CCA member since 1987 (Nr. 62319). Golden Gate Chapter. '97 540i 6 speed. Build Date 3/97. Aspensilber over Aubergine leather.
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