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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111526
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I filed in the state of NY and move to VA. My hubby

Customer Question

I filed for divorce in the state of NY and move to VA. My hubby and I have a Jeep together. He is the primary on it. I register it here in the state of VA while we are still going through the divorce. We are still legally married. I move to VA and register the vehicle in my name. The other day he said that the Jeep was up for repo and didn't want it to be under both of our credit. I end up in the hospital, stay with a family member in VA, my hubby comes to the house, gets the keys, and his girlfriend drives off in my Jeep back to NY while I'm recovering from the hospital stay.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.
The courts are going to consider this marital property and if you were not paying for the car and if he was not paying the note, then he has a right to return it to the creditor. However, if you managed to register the car in your name only, he had no legal right to take the car. This means you would have to file a motion in court in the divorce and ask the court to order the vehicle returned to you, since it is not a theft if he is a co-borrower and payments were not being made by you, so it has to be handled in civil court.

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