How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37118
Experience:  I provide family and divorce law advice to my clients in my firm.
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

My wife and I have recently separated and had two vehicles.

Resolved Question:

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?
Submitted: 12 months ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 12 months ago.
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 12 months ago.

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

Expert:  Dimitry K., Esq. replied 12 months ago.

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., Attorney
Category: Family Law
Satisfied Customers: 37118
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 7 other Family Law Specialists are ready to help you
Customer: replied 12 months 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?

Expert:  Dimitry K., Esq. replied 12 months ago.

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 12 months 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 ???

Expert:  Dimitry K., Esq. replied 12 months ago.

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 12 months 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?

Expert:  Dimitry K., Esq. replied 12 months ago.

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., Attorney
Category: Family Law
Satisfied Customers: 37118
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 7 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney