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Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I am in a middle of a divorce and my soon to be ex husband

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I am in a middle of a divorce and my soon to be ex husband is three months behind in his car payments i am on the loan and cosigner on the car also so they are calling me for the money my question is can i legaly go take possation of the car cause my name is XXXXX XXXXX title also and can he have me arrested for auto theft? he will call the cops for sure.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Can you tell me if there currently is any order signed by the judge in your case that awards him possession and/or ownership of the vehicle?

Customer:

no none

ScottyMacEsq :

If there has not been a determination of ownership or possession, and your name is XXXXX XXXXX title (indicating that you are, at least in part, an owner of the vehicle) if you take possession of this vehicle that is not stealing, and it's not a violation of a court order either (so you would not be in contempt).

ScottyMacEsq :

He could call the police, certainly, but they almost certainly would tell him that they can't do anything about it.

ScottyMacEsq :

Now if he simply reports it as stolen (if he does not know that you took it) then they could pull you over, etc...

Customer:

what should i do about the plates on the car?

ScottyMacEsq :

But if you can show that you are on the title, and that he falsely reported it, then he could actually get in trouble for that.

Customer:

can i go on his property or should i wait till he is in a public place

ScottyMacEsq :

What do you mean about the plates?

Customer:

on the car

ScottyMacEsq :

What about them?


 

Customer:

am i stealing his plates cause they are on the car who do they belong to the state?

ScottyMacEsq :

They really do belong to the state, and you get them by registering the vehicle with the state. They're not "his" anymore than they're yours.

ScottyMacEsq :

As for entry onto his property, that's a different matter.

ScottyMacEsq :

If it's a repossession, the law generally says that it should be "peaceable" meaning that there's no breach of the peace.

ScottyMacEsq :

If this property is not the property of you both, that could be trespass, if you don't have permission to be there.

ScottyMacEsq :

So in that situation, I would say wait until it's in a public place.

Customer:

ok will do as a cosigner can i register the car in my name once i have the car in my possation

ScottyMacEsq :

I wouldn't do that without a court order granting you possession and control of the vehicle.

ScottyMacEsq :

The main problem is that you're in the middle of a divorce, and this is property that is going to be subject to distribution upon divorce.

ScottyMacEsq :

Any action that you take now that exerts sole control over it (and trying to dispossess him of all ownership and/or control) could reflect poorly on you.

ScottyMacEsq :

It could really hurt your divorce case.

Customer:

so i will take the car and make the payments and see what the courts deside on ownership?

ScottyMacEsq :

That's up to you. If it were me, I would actually ask the court first, in a motion for temporary orders regarding this possession, to make an order to either him to pay the loan, or give you the property. That way he couldn't just take it right bakc.

ScottyMacEsq :

*back

Customer:

great thankyou you have helped a lot have a good day

ScottyMacEsq :

But in answering your specific question at the beginning, you can take possession of it, and if he were to call the police, they ultimately couldn't do anything since you own the vehicle as well (hence not stealing)

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

will do

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