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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My wife and I have recently separated and had two vehicles.

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My wife and I have recently separated and had two vehicles. Both vehicles were in her name although I drove one of them and she drove the other. She has called a relative who owns a wrecker business to pick up my truck and haul it away from my mom's house where I was staying. The wrecker driver told my mom that the county told him to pick up the vehicle but I know this is not true. Am I entitled to this vehicle?
Thank you for your question. Please permit me to assist you with your concerns.

Were the vehicles purchased while married, or is this vehicle something that your wife owned before marriage? Is the vehicle fully paid for?
Customer: replied 3 years ago.

Yes it is paid for and yes it was purchased while we were married.

Thank you for your follow-up.

Georgia is known as an 'equitable distribution' state when it comes to marital property. That means that at the time of divorce, property is subject to division, it is not a straight communal 50/50 split. If the vehicle is solely in the name of the other spouse, that spouse does have the majority interest in the vehicle, but as it was purchased while married, there is an 'equitable share' of ownership in the vehicle that is held by the other spouse. I cannot tell you if you are 'entitled' to this vehicle as it is not in your name, but you can obtain ownership and title of the vehicle by court order from the judge if he agrees that you are entitled to have it. Until the courts make a decision, however, there is NO obligation to return this vehicle to the other spouse, and there is likewise no obligation to allow someone to simply repossess it and take it away. The ownership of this vehicle is still in dispute even if the title is under the other spouse's name.

Hope that helps.

Dimitry K., Esq. and 4 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

What can I do about the wrecker driver, would this not be illegal for him to pick up the vehicle at my mom's where I was staying and then lie to my mom stating that the county told him to pick it up?

Thank you for your follow-up.

Technically it would not be illegal for him to pick up the vehicle since the title is under the other person's name--if that person told him to pick up the vehicle, the wrecker can pick up the vehicle. He also owes you no duty to tell you the truth, but you can demand to see his work order. There is no obligation to allow him to take the vehicle if there is no formal order in place. The best thing for you to do is to keep the vehicle parked on private property where a wrecker cannot enter without trespassing.

Good luck.

Customer: replied 3 years ago.

It was on private property. Do you mean that the vehicle must be behind a gated enclosure such as a fence or private property that has a NO TRESPASSING sign, etc ???

Thank you for your follow-up.

Correct, it must be behind a gated enclosure, or in a garage, or other means by which it can shown that the vehicle is on private land.

Good luck.

Customer: replied 3 years ago.

One last question concerning the truck. It WAS on private property at my Mom's house in the back yard (behind my Mom's house) parked on grass beside a small bldg that was made for a tanning bed. There was no driveway, gravel, or anything to where my truck was parked. The wrecker pulled past the house on the grass and hooked up and left.


 


I also have/had many things in a commercial storage facility that is rented in my name which she went to and broke the lock off of and took everything of value and sold. It was during the day when the gates are open and not required to check in. BUT this WAS in my name and she broke the lock..what can I do about this?

Thank you for your follow-up.

Taking the truck was arguably permitted. But entering into a shed or space totally under your name and selling your personal items is not. For that you can take her to small claims court and sue for the market value of the items that she took from you that were personal in nature. If the items she sold were marital, then you can sue for half value as she would still have an interest in the property.

Good luck.

Dimitry K., Esq. and 4 other Family Law Specialists are ready to help you

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