I am going through a nightmare divorce. My ex is in possession of a vehicle which is titled under my name only. I ask the police to help me get it back and they won't because it's community property until the divorce is final. What can I do to get it my car back. A friend suggested that I get the car voluntarily reposssed by the bank. then pay off the debt before they run it on my credit. what do you think?
2007-03-12 09:57:05 · 5 answers · asked by JL 2 in Politics & Government ➔ Law & Ethics
Do you have keys? I would just take it, as it is communal property and in your name then the police won't do much about it then either.
If you don't have keys try to either get them cut or ask a friend (if you have any mutual ones left, I didn't) to fetch them for you.
Possession is nine tenths of the law, as they say, and it's in your name.
The other option would be to tell the bank that you are refusing to pay it any longer as your wife has "stolen/taken possession" of it and they need to contact her for payments. Get a new bank account before that though, if it is currently with the same bank as the car loan.
Be warned though, whatever you do to get it back will not look good on you in court, especially if you have kids together, she will use it to look like you are depriving the children, not her...
Personally I think you should grit your teeth and bare it until it's been to court. If they give her ownership she will have to buy you out, if not then hopefully it won't take too long. If it looks like it's going to be a lengthy battle then ask your solicitor/attorney about getting the loan and title papers transferred to her. If she wants it that bad, she can pay for it.
Good luck, if she's anything like my ex you'll need it...
CG.
2007-03-12 10:07:19 · answer #1 · answered by cymraesgwyllt 4 · 1⤊ 0⤋
I'd check into it. I am having a similar problem. Me ex took half of everything my daughter and I took into that house prior to the marriage...things we have had since YEARS before me and my ex even met. He claims he can keep it. He gave me 1 hour notice to come pick stuff up (that he picked through) and said I had ample time to get it. He has a storage building that he put some of my stuff in but changed locks. A lawyer calls that conversion(?) and says I can get that back. All I can say to yours and my situation is what comes around goes around. Hope they get it good.
2007-03-12 17:29:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You need temporary orders from the court placing the vehicle in your possession during the pendancy of the divorce, and an order requiring the turnover of its possession. Foreclosure is a bad idea.
2007-03-12 17:04:14 · answer #3 · answered by webned 6 · 1⤊ 0⤋
I like your friends idea.
The police don't want to get involved ! typical
If the title is in your name only, you own it go get it
let the judge give it to her if he see's fit the cops can't make the call, the are police, not lawyers or judges.
If you do go get the car and your wife and child are left without transportation and can show you had other means of transport, the judge could look unfavorably at you .
2007-03-12 17:03:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Wont work, the only solution is to sell the car and divide the money as it is considered community property. Sorry.
2007-03-12 17:01:20 · answer #5 · answered by Akbar B 6 · 0⤊ 1⤋