My boyfriend wants his car back after two years of his wife driving it. It's paid for and in his name. He left her and they've been seperated for two years now. Now she's hidden the car and won't let him have it. If he knows where it is, is he legally allowed to go and take/steal it if the title is in his name although she's still legally his wife and she's been driving it for the past two years.
2007-01-02 12:11:54 · 16 answers · asked by Lara Croft 3 in Politics & Government ➔ Law & Ethics
He has been nice and has let her keep it every since he's left. Now she has a new one and he wants his back. This is in the state of California
2007-01-02 12:15:56 · update #1
There are a lot of right answers floating around here, but they need to be put together. First, although it is possible for a married person in California to acquire separate property, it is most probable that the car is community property. This is true no matter whose name it is in, unless it was purchased with separate property (for example, an inheritance). I would bet that it is community property.
If it is community property, and assuming that there is no allocation of the car in a separation agreement, then the wife has an ownership interest in it, but so does the husband. Therefore, he could not be found to have stolen the car if he took it, because it is his property, too. However, the wife still has a financial interest in the vehicle, and he may have some civil liability for depriving her of use.
On the other hand, he could commit offenses in an attempt to get the car. For example, if he broke into the car and damaged it, that would be damage to the wife's interest in the car, and he could be convicted of vandalism. If he engaged in any threatening or assautive conduct, that would be criminal conduct. On the whole, it is best to let the courts settle matters like this, that is what they are there for.
2007-01-03 07:00:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The only way he could possibly get in trouble would be if there's any type of legal document (such as a separation decree) that specifies that she gets to use the car, which I assume is not the case.
Also...I'm not sure where it is...but be sure that...when he goes to get it...that he doesn't "break and enter" a place he's not legally allowed to go. (For example...if the car is at her parents' house...he might get in trouble if he just sneaks there and retrives it.)
If I were him, I'd go explain everything to the police....make sure he takes the car title so he can PROVE to the police that it legally is his...and then get them to go with him to retrieve his car.
Good luck...
2007-01-02 20:23:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If your boyfriend has the title of te vehicle...in his name and notarized...no questions will be asked by any court of law...he could take the car anytime he wants to. ...as far as taking two years to get a divorce...I think you need to get away from him til he's a free man. He's commiting adultry under the law of marriage if he is still documentally married to the ex...wait til the divorce is final and the ex is definitely out of the picture, or you'll have the stresses you definitely don't need. (just like your having the need to write to yahoo! answers to get a solution that is really no matter of yours).
2007-01-02 20:20:50 · answer #3 · answered by Rmprrmbouncer 5 · 0⤊ 0⤋
If he's the legal owner then the car belongs to him and he can claim possession of it, but can't do anything illegal in the process. If he knows where it's at, then he could always call the police and have them obtain it for him, maybe have his wife arrested for theft of it.
2007-01-02 20:16:49 · answer #4 · answered by marklemoore 6 · 1⤊ 0⤋
you need to read the separation agreement. if there is not one then it is still community property. no he cant get into trouble unless there is a court document stating the car is exclusively for her use only. until he get a final divorce or a separation agreement the car belongs to both of them. even if the car is in his name only, she still has the right to drive and have it in her possession.
2007-01-02 20:17:53 · answer #5 · answered by pantyhose_creature 2 · 1⤊ 0⤋
If the title is in his name, then it is his, all he has to do is go get a deputy to follow him to the car and get it back and the wife cant do a thing.
2007-01-02 20:15:16 · answer #6 · answered by sunflare63 7 · 0⤊ 0⤋
He can report the car stolen and then his ex will have to account to the police for it. If she is hiding it, then she knows that what she is doing is wrong. Just don't approach her. Let a experienced repossession specialist do it for you.
2007-01-02 20:16:10 · answer #7 · answered by dj s 2 · 0⤊ 0⤋
I would be safe about doing that....I know no one wants to get the police involved in it but that would the safe way to go about it...Although he is separted I think it would still be considered theft because it is in her possession and he is taking it without her knowing...Plus it would cause a bunch of **** if he just took it...
2007-01-02 20:16:57 · answer #8 · answered by happycoder225 1 · 1⤊ 0⤋
He needs to get the sherrif and courts involved. How are you going to "steal" something if you don't know where it is? If he knows where it is and has keys, he can take it back, but at the risk of retaliation from her. That's why he needs to involve authorities.
2007-01-02 20:17:00 · answer #9 · answered by Delta Charlie 4 · 1⤊ 0⤋
Why not go to the police on this? If he can prove its his vehicle (registration...title) then he might be able to, but he still risks her calling the police on him if he can't prove ownership.
2007-01-02 20:21:19 · answer #10 · answered by ♫ giD∑■η ♫ 5 · 0⤊ 0⤋