MY HUSBAND AND I HAVE BEEN SEPARATED FOR 2 MONTHS, WE JOINTLY OWN A CAMPER THAT HE IS PLANNING TO TAKE OUT OF STATE TO LIVE, AND WE ARE NOT DIVORCED YET. NOTHING SPLIT UP (assets) DO I HAVE ANY LEGAL RIGHT TO STOP HIM FROM DOING THIS LOAN AND REGISTRATION IN BOTH OUR NAMES.
Hi - my name is XXXXX XXXXX X'm a Family Law litigation attorney here to assist you.
No, you can't force him not to use his property short of a court order. The fact that you are on the title gives you the same right to go wherever he is and drive the camper back whenever you want to, however.
As long as you both own the camper, and as long as there's no court order saying who gets to keep it, etc., both of you have an equal right to the property.
if i have equal rights why should he be able to leave the state when i say i want the camper here in our state
Because he's got as much right as you do - you can't trump his rights to the camper, and he can't trump yours - you're equal owners.
Thus, technically, you can't stop him from taking the camper out of state, and he can't stop you from coming where he is and bringing the camper back home.
It's stuff like this that pushes a divorce to be filed because no one can win in situations like this. The only way he can keep you from bringing the camper back is if he files for divorce and asks for a temporary court order giving him custody and control over the camper as he needs it for his residence. OR, you could file for divorce and ask for a temporary order prohibiting him from moving the camper.
It would be the same for a jointly owned car, boat, motorcycle, television, phone, etc. It doesn't matter what the item is - if ownership is joint between parties, each has an equal right to use the property.
I HAVE FILED FOR DIVORCE ON JUNE 4TH AND HE HAS BEEN HIDING FROM THE SHERIFFS DEPT EVER SINCE, THEY CANT SERVE HIM , I HAVE NOT HAD EQUAL RIGHTS IN THE PROPERTY BECAUSE HE HAS HAD IT FOR 2 MONTHS NOW. CANT I CALL THE POLICE AND SAY IT WAS STOLEN BY HIM,
No, you can't say it was stolen by your husband because he's a co-owner (and you can't steal something that you own).
HOWEVER, if you have filed for divorce, you can file a motion with the court for a temporary order granting you possession of the camper. When the judge grants this order to you, you can go get it with a sheriff's deputy and he can't stop you.
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