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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115462
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband moved out and took a truck that is in my name

Customer Question

My husband moved out and took a truck that is in my name only and the key to my car which is also in my name only. We live in Georgia. Can I legally get my vehicle & key back prior to divorce?
JA: What state is this in? And how old is the truck?
Customer: 2010 truck. Georgia
JA: Have you talked to a lawyer yet?
Customer: No. he just moved Monday last week and came and took the car without my knowledge yesterday
JA: Anything else you want the lawyer to know before I connect you?
Customer: I also want to know if I can legally change the locks to my home we rent now that he vacated.
Submitted: 4 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under GA law, while property acquired during the marriage is presumed to be marital property, the GA courts also look at the title on the vehicle and if your name is ***** ***** name on the title then you can file a motion for return of the vehicle to you as well as the key. However, with the key, you can also get a new key made at least to have some vehicle you can use for now as it will take a couple of months for you to get the court to return your vehicle. If he moved out of the premises, you need to check with the landlord and need a court order to change the locks if his name is ***** ***** lease as tenant. Without the court order, you can change locks but cannot prevent him from entering the property if he is on the lease.
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Customer: replied 4 months ago.
Is there a more immediate way to get my vehicle returned?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
You could ask the police and show them the title in your name, BUT it depends on the police officers whether they will get involved or say it is a civil matter and refer you to the court to have the court order the return.
Also, if you have a key, since the car is in your name you can simply go get it where you find it as long as you do not disturb the peace or cause a scene when you take it back.

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