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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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Must be attorney in NC to continue. I am separated from my

Customer Question

Must be attorney in NC to continue.
I am separated from my wife. In November we bought a car which is in my name only. My wife is supposedly making payments on this car. I received a court summons from her for divorce.
My question is, can I/should I go and seize the car since it is in my name. In a rage of fit, she could damage it or damage my credit by not paying the payments and keeping up insurance.
If I do seize it, how do I handle any personal property that may be in the car and what if she falsely claims I kept any personal property in the vehicle although there was none?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I need quick answers!
Expert:  Samuel II replied 1 year ago.


This is Samuel. I will discuss this and provide you information in this regard.

If the car is only in your name, I suggest you can retrieve the car. You can keep the car until a court orders you to return it and sign the Title over to her. And if this is her only mode of transportation, a court will make that order. However, in the meantime, she could stop making the payments and you wouldn't know it. In the final resolution the value of the car would play into any type of property settlement that you all agree to. For instance, a court may say you need to sign the title to her.

As to her personal property, I suggest you can take an inventory of her belongings, place them in a bag or a box and put them in the trunk. Of course, if she makes false claims about what she had in the vehicle and that you are not returning those items, that is going to come down to your word v her word and who the court finds most credible.

At this juncture, it would be to your benefit to at least consult with a local family attorney of your own, so this and any other property matters can be resolved amicably and to ensure that all your rights are being protected. And to protect you from any False Claims she may make about you keeping her property.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

Customer: replied 1 year ago.
Are you board certified in NC?