Can we declare an abandoned vehicle if my ex refuses to pick it up?

Full question:

Divorce settlement-abandoned vehicle moved out of my house (that I shared with my husband) on Oct. 25, 09. Our divorce was final July 23, 10. In the divorce settlement, the court awarded my ex-husband, one set of my bridal rings and an old abandoned vehicle that has been sitting on my parent's property for over ten (10) years. Since Nov. 25, 09 I have had a restraining order against my ex-husband. He has a very volatile temper and I had to call the Placer County sheriff's office on Nov. 24, 09. My ex-husband came to my parents home on Nov. 24, 09 and was screaming and trying to break down the front door. When my mother came home from work he started screaming at her that he wanted my rings so that he would know that the marriage was over. When he refused to calm down, my mother started to dial 911 on her cell phone. He started aggressively throwing, at my mother, items out of his van that I had left at our home. He then backed up so fast that his van threw gravel everywhere hitting my mother, her car, and the garage door. I am afraid of what he might do when he is in one of his uncontrollable rage's, so therefore, the restraining order is still in effect. Per court order, he is to correspond only with my mother, Gail McPherson, on all divorce paperwork. My mother has sent my ex-husband certified letters with several dates to choose from to have a tow truck company pick up the vehicle. He says it is not up to me or my parents to pick the date when 'he' can come to my parent's home to pick up his car. He was told by the litigator that he has to be at least a mile away from my parent's property when the vehicle is picked up. He still refuses to accept the court order and insists that he will pick up the vehicle personally. Since I live with my parents, they will have him arrested if he trespasses. My question is how long do we have to wait for him (he has been given four (4) dates- August 28th, Sept. 4th, Oct. 9th, and Nov. 13th) to have a licensed tow truck company pick up the vehicle? The vehicle has been sitting in my parent's barnyard area approximately ten (10) years and he has never worked on it at any time. He does NOT have a pink slip or title to the car as he traded a large piece of exercise equipment for the vehicle over ten (10) years ago. Can we declare the vehicle abandoned if he refuses to have a tow truck company pick up the vehicle in a timely manner?

• Category: Abandoned Property
• Date: 04/07/2025
• State: California

Answer:

To address the situation with the abandoned vehicle, you should contact your local police department or city hall. Laws regarding abandoned property can differ by location. Generally, you must provide written notice to the vehicle owner, giving them a specific date (usually at least ten days from the notice) to claim the vehicle.

According to California law, local authorities can create ordinances for the removal of abandoned vehicles (Cal. Veh. Code § 22660). These ordinances typically require:

• Notification to the Department of Motor Vehicles within five days of removal.
• A minimum ten-day notice before a vehicle can be deemed abandoned and removed.
• A public hearing if requested by the vehicle owner or property owner.

If the vehicle is inoperable and has been on your property without consent, you may be able to declare it abandoned after following the proper procedures. If your ex-husband does not pick up the vehicle within the allotted time, you can proceed with the removal process.

For more specific guidance, consult local ordinances or legal resources.