Family Law Questions? Ask a Family Lawyer Online.
Hi and thanks for asking your question. My name is ***** ***** I will be assisting you. Is your name on the title? If so, there is no reason why you can't go get the car. You are a rightful owner and have the legal right to take it.
If your divorce case is pending, you can also file a motion with the court asking the judge for an order requiring your wife to turn the car over to you.
Thanks for the additional information. I assume if you are a co-borrower you are on title as an owner. You have an absolute right to get the car, especially since you are married and no divorce has even been filed. As a married couple, you have equal rights to the car.
It should be on the registration, which should be kept in the vehicle. If not, you can probably call the department of motor vehicles and they can tell you how it is titled.
It's a marital asset. Each of you has right to use it. If you have a key, you can go pick it up. You mentioned at the beginning that you have two cars. Is this the car she normally used? What is the status of the other car? If you take this car from her will that leave you with both cars and her with no cars?
Ok. You can contact the body shop. If it is still there, you can arrange to pick it up. They would have the keys. Otherwise, the other option is for you to file for divorce and file a motion asking the judge to make her turn over the car to you.
Good. Then you are an owner with rights to the car. Try the body shop. If it's there, you should be able to go pick it up. That would make things easy for you.
I think your next step will be to file for divorce and get the car through a court order. Unless you can find a set of keys and go take it.
No real advantage either way. The only advantage to you is you get the process started a bit sooner and maybe get the car back a bit quicker.
The police will generally not get involved with civil disputes between spouses. I think the court order will be your best option.