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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 39432
Experience:  30 years as a family law lawyer .
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I communicated regarding the above yesterday and was advised

Resolved Question:

I communicated regarding the above yesterday and was advised that she could have a repo guy get the car, since it is her name only. She called the police department regarding access to her house (he would not leave the house so she left ), and was told by the police that she had the right to break into her own home and/or have a police escort present when she accessed the home.

However, the police department advised that because she has the same last name as he does, even though the car is in her name only, she can't take the car. They advised that when they met her at the house they would try to reason with him but that would be all they could do.

Please advise.

Second question. If my daughter has a checking account in her name only and her husband receives a check payable to both parties and signs her name to the check to cash it, does she have any recourse.

Third question. When she tried to leave the house at a prior time, he removed the spark plugs from her car so that she could not leave. Is there a law against this? Entrapment?

Thanks.
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.

RayAnswers :

Thanks for your questions and good morning.

RayAnswers :

Any car in her name can be taken by her .It is not a crime to take her own car titled in her name.It is also not illegal for her to break into her own home.If she decides to do this to get her stuff thats her choice as well.

RayAnswers :

If the police will not help she may choose to go get her car and also to open her own house and get her stuff.BotXXXXX XXXXXne there would be no crime here.Also when he took the plugs out she should have involved the police at that time and sought to file charges.

RayAnswers :

But this is in the past.And she may choose to go get her car and her stuff from the house.Since there is no divorce or court orders filing for divorce is going to be necessary as well to deal with property and other issues long term.

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

Customer:

Thank you for your help. Knowing what we do now, yes, she should have called the police when he took the spark plugs out of her car.

Customer:

What about the check payable to both parties if he signs her name and cashes the check?

RayAnswers :

You should take that up with the police.Thats fraud to sign her name on a check here.

RayAnswers :

I wish you good luck with all of this.

Customer:

That's what I thought on the check. Thanks for the good wishes, it's going to be an ongoing nightmare.

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