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Michael, Legal Consultant
Category: Family Law
Satisfied Customers: 456
Experience:  Expert witness in Federal court, won cases at State lower & appellate levels.
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i was wondering if any one could help me in my situation. i

Customer Question

i was wondering if any one could help me in my situation. i have had a horrible breakup of seven common law spouse was very abusive to me. we had equity and should have been dispursesed but though the four lawyers ,money was tite and i couldnt afford to fight any more ,all my lawyers seem to drop me at the time of the court the end even though it was in black and white, meaning i had the papers to prove it! My main issue is with my truck , its a 2003 ford 350 and how in the beginning it was in my name but he fraudualinty got the vehicle put into his name and this took 6 months to get back into my the end because i didnt have a lawyer the judge ends up granting my ex custody of the truck but leaves it in my name he can not insure , drive it,move it ,nothing ,why would a judge do this ,its been years and the truck remains completely in my name. how is this possible a judge would make this like this, and how do i get the truck out of his possetion,
Submitted: 9 years ago.
Category: Family Law
Expert:  Michael replied 9 years ago.


I cannot tell you why the judge would allow the truck to be in your name while giving him the truck. Of course this makes no sense at all, and I cannot possibly figure out what the judge was thinking.

There are a few things you can try. First, if it has been a number of years and the truck has been sitting for the reasons you state you may be able to file a motion for reconsideration of the division of assets. You can then state the situation with the truck, and hopefully the judge will have come to his sense and will see fit to return the truck to you.

You will need to check with the clerk's office in the court house as it may no longer be possible to file a motion for reconsideration. In this case, you should ask the clerk about filing a petition for redistribution of the assets. I do not know how Vancouver handles these matter (which is why you need to speak with the clerk at the court house). This may be a petition that is filed in family court where the divorce and division of assets originally took place or you may need to file it in civil court.

In any event, if you are not successful in either the family court or the civil court you should file an appeal with appellate court. These courts review the decisions of the lower court judges, usually in groups of 3 - 5 judges. This way there is less bias.

If the appellate judges feel that the judge abused his discretion (which is the legal argument you are making) by leaving the truck in your name, alone, but giving him custody of it they can order that this be corrected.

As the truck is in your name you would most likely be given possession of it.

Please let me know if you have any other questions about this.

Good luck,