How to get the ex to remove his motorcycle from our house

September 17, 2007 11:54 AM

Converting title to an [ostensibly] abandoned motorcycle. A primer?

The SO legally separated from her spouse a bit over a year ago. This was after the ex moved out of the house the year before. The separation order awarded her ownership of all property in the house not otherwise distributed in the order. The ex's motorcycle was not specifically addressed in the order. The motorcycle was also in the garage at the time the order was signed.

The SO is not on the title so she cannot sell it outright. Neither of us are much interested in having it around, and would actually prefer to use the space it occupies for other purposes. The ex has not felt any pressing need to move it himself despite pleas to do so over the past two years. We would like to identify some strategies for making the need to remove his motorcycle more pressing. The best I can come up with is threatening to convert the title so that we can sell it ourselves.

We don't really want the thing and we're not all that interested in selling it either. We just want to apply some leverage to the situation.

I know we ultimately need to talk to an attorney but we want to have some ideas about what choices are in the arsenal before deciding to spend the cash money on a consultation. Besides, if we can get away with only a bluff, so much the better.

posted by Fezboy! to law & government (8 comments total)

Send him a certified letter telling him to remove it by some reasonable date (2 weeks, one month) otherwise it will be "disposed of". Motorcycles are frequently sold without titles, the process for getting a title varies with the state.
posted by electroboy at 12:07 PM on September 17, 2007

Not really addressing the question suggestion: Contact him and make it clear that if he doesn't show up within X days to claim the motorcycle, you're going to park it on the street with no locks / chains / other protection.

Whether you actually do that or not once X days elapse is up to you. But if you do, unless you live in a tremendously safe place, someone'll steal it and then it'll be gone. Just don't try to claim it on your homeowner's insurance afterwards.
posted by jacquilynne at 1:08 PM on September 17, 2007

Thanks, electroboy. Wasn't sure if there was a process for obtaining title. This should make for a useful bluff.

I like the idea, jacquilynne. I just don't know how liable that leaves us in the event it does get stolen.
posted by Fezboy! at 2:37 PM on September 17, 2007

I had to do something similar with a boat once. My solution was to send a certified letter to the jerk in question saying just what people above have suggested ("please remove X thing in X days or I'll move it myself"). Worked like a charm.

Make sure you're polite and diplomatic in the letter. Once X days have elapsed, move the bike out to a public street. If it stays there long enough, the cops or somebody else will take it and it'll be out of your hair (as well as causing a bit of a headache for the negligent Ex). Worst case you'll break a sweat pushing it to the corner.
posted by Pecinpah at 2:47 PM on September 17, 2007

I like the idea, jacquilynne. I just don't know how liable that leaves us in the event it does get stolen.


Well, it's not yours so it's specifically not really your problem if it does get stolen.

Move it off the property to the street, let the title holder know (you don't have to do this, just a courtesy). Wait 48 hours, call the city and report an abandoned vehicle. The city takes care of the rest.

Most communities have a 48 hour limit on vehicles parked on the street.
posted by iamabot at 2:49 PM on September 17, 2007

Well, it's not yours so it's specifically not really your problem if it does get stolen.

I'm just worried about the part where we send a letter to him that openly states we are putting his bike out on the street in such a way as to encourage theft (no locks/chains/etc). OTOH, putting it on the street (it has no valid tags) and calling to report an abandoned vehicle after 48 hours is an easy way to get this out of our garage.
posted by Fezboy! at 3:50 PM on September 17, 2007

I'm just worried about the part where we send a letter to him that openly states we are putting his bike out on the street in such a way as to encourage theft (no locks/chains/etc). OTOH, putting it on the street (it has no valid tags) and calling to report an abandoned vehicle after 48 hours is an easy way to get this out of our garage.

All the letter has to say, and again the letter itself is a courtesy, is that you will be moving the motorcycle to the street on XYZ date. Beyond that you make a simple call to the local police notifying them of the abandoned vehicle, generally 48 hours after it's been there and within another 48 they generally will come and tow it away.
posted by iamabot at 4:16 PM on September 17, 2007

Although it's possible, I'd avoid trying to sell it. Leaving it on the street is the best suggestion.
posted by electroboy at 7:15 AM on September 18, 2007