my car is in my name and my husbands name. The title says MR.****** OR Mrs.*****. My husband took my car from me and has it hid somewhere. We got my car from his father. we still owe his father and we had a verbal agreement of payments. the payments were not specific. nothing in writing. and his father backed out of the agreement when i left my husband and said that i needed to get a loan in a week just because they were all mad that i left. well i couldn't do that. i was a stay at home mother. my husband was the money maker. and he knew that i wouldn't be able to. I have the title to the car. I want my car back because he has 3 different vehicles and that was my only car. We have a 2 year old together and she is in my custody. I need transportation for me and my child. What is my rights with getting my car back?
2007-10-11 04:09:48 · 22 answers · asked by susan 1 in Family & Relationships ➔ Marriage & Divorce
i assume you have an attorney...since the divorce is not final yet the property has not yet been divided....you have the same right to that car as he does....you need to ask your attorney.....its a sticky situation...i went through almost the same thing....my ex-wife and i had a joint title but she was sneaky and said it was lost and applied for a new title with only her name on it.....posession is 9/10 of the law....if you were to find it and had a key you would not be in any trouble for taking it back because technically its still your car....hope this helps
2007-10-11 04:18:07 · answer #1 · answered by Wicked 3 · 0⤊ 1⤋
HOLD IT. All the people getting emotional about this situation, just stop. None of us know the details except that Susan had a car and doesn't now, and she wants it back. First, in which state do you live? The fifty states have different rules concerning ownership, even if the title says "or." The good thing is that you have possession of the title. however, me may be able to go to the license branch and get a new one without your knowing it, and a new one will VOID the one you have in your possession. check with your license branch to see if the title you have can be changed without his signature to only being in your name. if you can get the title in JUST your name, THEN report it stolen. DO NOT forge his signature on the title if it takes his signature to "give" you the car. If you're having a lawyer draw up distribution of property, demand the car. add that the car must be turned over to you by a certain date. if he doesn't comply, he's in contempt and you take him back to court.
2007-10-11 04:38:01 · answer #2 · answered by Kurt H™ FC Steaua Bucureşti 3 · 0⤊ 1⤋
You need to talk to your lawyer about getting a temporary separation while the divorce is going on and have the judge order that you get the car until the divorce is settled. He can not take it from you then or he will be in contempt. You have a child, you need a car. Then in the divorce you WILL get half of all the assets, vehicles and all property included. Find a good lawyer and your husband will have to pay for his or her services if you have no financial stability. All lawyers will give you a free consultation...call one now and go get this started before he tries to sell everything. Believe me I just went through this. Good Luck and don't be nice, GET WHAT YOU DESERVE!!
2007-10-11 04:25:27 · answer #3 · answered by fashion4dummies 2 · 0⤊ 1⤋
You will need an attorney to get the car written into your divorce decree. If it is not paid for you might want to consider getting a car on your own so you are not beholden to your ex or his family. There are lots of small car lots that will give you a car and let you pay them directly. It is more expensive that way but you can get one and not be dependent.
First and foremost you need a lawyer to define your rights. What if the next thing he hides is your child - protect yoursefl and see a lawyer today.
Good Luck
2007-10-11 04:17:51 · answer #4 · answered by mn lady 6 · 0⤊ 1⤋
Your FIL gave you the car.
You husband paid for the car.
Unless you are in a community property state, it surely sounds like your HUSBAND's car. Not yours.
If you are in a community property state, it is 50% yours.
I am not optimistic about you being able to get this car back. You can arrange for it to become yours in a divorce agreement, but of course, divorce takes a long time.
2007-10-11 04:27:22 · answer #5 · answered by alanastarkey 3 · 2⤊ 0⤋
You'll have to go see a lawyer about this. I just have to say though, what a selfish jerk. If he has three vehicles of his own, what does he need your car for? He is just doing it for revenge. I just can't believe a man in any situation no matter how bad, would be that vindictive to leave the mother of his child stranded without a vehicle like that. What if there is an emergency where you have to take your little girl to the hospital and no vehicle. Man, I would so say that to him!
2007-10-11 04:15:19 · answer #6 · answered by Perkymo 3 · 0⤊ 1⤋
I am not sure of the laws. But if the title is in both of your names than you can not say he stole it or took it with out your permission because it does become a civil matter. Have you contacted an attorney to see what they say. I would ask you divorse attorney and have him do something about it. I do know that any good attorney and judge would agree that you should have the car since he has one if not two.
2007-10-11 04:15:53 · answer #7 · answered by nikki_fenni 1 · 0⤊ 1⤋
Do you have an attorney? You should.
This is all community property, subject to distribution per the divorce agreement. The stuff you mentioned (owing money to his dad and the other cars and all that) means nothing. You are overly complicating the issue.
You two need to negotiate a property settlement. That's what your attorney is for.
2007-10-11 04:13:38 · answer #8 · answered by AngiesHusband 5 · 1⤊ 1⤋
Wow what a pr!ck you were married too...Congratuations for having the courage to leave him...your situation sucks, no way around it...you need to contact a lawyer ASAP and find out exactly what your rights are because by law it sounds like that car IS half yours...the fact that you have a 2 year old (and that is HIS daughter) and he is acting like that really shows what a lowlife he and his family is...please contact a lawyer fast and good luck
2007-10-11 04:14:39 · answer #9 · answered by poker_fan_in_nyc 5 · 0⤊ 1⤋
there is wish for the both one of you and your 2 boys, besides the undeniable fact that the ingesting and medicines might want to quit. You 2 are not from now on placing a sturdy celebration and your boys will stay what they realized. So in case you want them to drink and do drugs and get rushing tickets save on the direction your on. in case you favor to strengthen to first rate youthful adult men who're waiting to carry jobs and so on then each of the ingesting and medicines might want to quit. it might want to help you and your husband to pass to some counseling and locate out what the expectations are for an extra. sturdy success.
2016-10-20 06:42:39 · answer #10 · answered by swailes 4 · 0⤊ 0⤋