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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 32721
Experience:  JD, BBA Over 25 years legal and business experience.
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what type of lawyer do i need to get my car back from wife

Customer Question

what type of lawyer do i need to get my car back from wife if both me and her are on title and i am primary on the loan
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

On what grounds would you be seeking to retake possession of the vehicle from your spouse? Are you legally separated or seeking a divorce?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

we are not legaly sepaarated or divorced yet. nothing has been filed. she has said that she is going to file as I will not file but i will not stop her from having the divorce.


 


But the car title is in both names the loan is in both names with her being the co singer. It is reg and ins in her name.


 


I have been looking to buy a house and because of her being late with the payments all the time 5 out of the last 6 months i can not get a loan now.


 


she has had 1.5 years to get it out of my name and hs not done so. I have even paid some car payments to get them cought up.so now she feels as if i am a treath of some kind just knowing her address. she said she was thinking of fileing a restraining order. She has no legal base for that unless she lies and at this point i do think she could.


 


 


But i just want the car out of my name or in just my name and i will take it.

Expert:  Tina replied 1 year ago.

Hello again, Todd, and thank you for providing this additional information.

To answer your question, you need a local family law attorney to assist you with this. They could aid in mediating your dispute with your spouse, or go ahead and file for divorce where you and your spouse will be forced to decide how to dispose of the vehicle. If you agree to permit your spouse to take possession of the vehicle, you can make it on the condition that she refinance it promptly and if she does not, then the vehicle must be sold and the proceeds used to pay off the loan and then divided between the spouses.

Courts will not typically consider such issues between spouses though unless a petition for legal separation or divorce has been filed, so that is what you will need if you and your wife cannot come to an agreement through a local family law attorney or mediator.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 32721
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 10 other Legal Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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Tina
Tina
Attorney and Counselor at Law, Mediator
8681 Satisfied Customers
JD, BBA Over 25 years legal and business experience.