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David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3255
Experience:  Practicing family law attorney in multiple jurisdictions
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Okay so I am a male, and am getting divorced, no kids, no

Customer Question

Okay so I am a male, and am getting divorced, no kids, no house, just two cars and some minor debt. But the wife is holding one of the cars (mine) hostage, I am the co borrower on both vehicles and she plans to get rid of (mine), repo, or whatever she comes up with. do I have any legal right to just go and pick it up? Or what do I need to do, because I cannot even go get another because the bank sees two auto financing on my credit.
Submitted: 1 year ago.
Category: Family Law
Expert:  David L replied 1 year ago.

Hi and thanks for asking your question. My name is ***** ***** I will be assisting you. Is your name on the title? If so, there is no reason why you can't go get the car. You are a rightful owner and have the legal right to take it.

If your divorce case is pending, you can also file a motion with the court asking the judge for an order requiring your wife to turn the car over to you.

Customer: replied 1 year ago.
I don't know honestly if my name is ***** ***** title. Would it be if I'm the co borrower? And the divorce hasn't even been filed yet. She isn't sitting down with a lawyer until next Thursday.
Expert:  David L replied 1 year ago.

Thanks for the additional information. I assume if you are a co-borrower you are on title as an owner. You have an absolute right to get the car, especially since you are married and no divorce has even been filed. As a married couple, you have equal rights to the car.

Customer: replied 1 year ago.
How can I go about finding out if my name is ***** ***** title, assuming she won't help at all
Expert:  David L replied 1 year ago.

It should be on the registration, which should be kept in the vehicle. If not, you can probably call the department of motor vehicles and they can tell you how it is titled.

Customer: replied 1 year ago.
how do I go about getting it? Because I don't want her to file an RO on me. Or have any other legal advantage over me for doing this. I want to make sure I'm bot burying myself in a hole by getting it
Expert:  David L replied 1 year ago.

It's a marital asset. Each of you has right to use it. If you have a key, you can go pick it up. You mentioned at the beginning that you have two cars. Is this the car she normally used? What is the status of the other car? If you take this car from her will that leave you with both cars and her with no cars?

Customer: replied 1 year ago.
I don't have a key because it was at the body shop when all this happened, and I don't know if its still at the body shop or not. And no, she uses the other car, and she currently has both. Left me without one.
Expert:  David L replied 1 year ago.

Ok. You can contact the body shop. If it is still there, you can arrange to pick it up. They would have the keys. Otherwise, the other option is for you to file for divorce and file a motion asking the judge to make her turn over the car to you.

Customer: replied 1 year ago.
I also just found out that I am on the title
Expert:  David L replied 1 year ago.

Good. Then you are an owner with rights to the car. Try the body shop. If it's there, you should be able to go pick it up. That would make things easy for you.

Customer: replied 1 year ago.
it would have, just called them, she picked it up already, so I am keyless and carless.
Expert:  David L replied 1 year ago.

I think your next step will be to file for divorce and get the car through a court order. Unless you can find a set of keys and go take it.

Customer: replied 1 year ago.
Is there any advantage to me filing or her filing?
Expert:  David L replied 1 year ago.

No real advantage either way. The only advantage to you is you get the process started a bit sooner and maybe get the car back a bit quicker.

Customer: replied 1 year ago.
Can i ust ask the local police to go wit me to get it, or is the judge order the only way.
Expert:  David L replied 1 year ago.

The police will generally not get involved with civil disputes between spouses. I think the court order will be your best option.