Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My ex fiancé took my vehicle which is registered in my name and the loan is in my name. There is No co-signing.

Customer Question
My ex fiancé took my...
My ex fiancé took my vehicle which is registered in my name and the loan is in my name. There is No co-signing. The child custody case temporary order gives her temporary use of the vehicle. The judge referred us to having to go to another court as he will not rule on property in a child custody case when we were not married. Do I need to file another lawsuit for the car? Do I get a repo company to pick up the car for me?
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 1 year ago
Do I need to file a motion to modify the temporary order with the judge to have it removed? Then file another lawsuit for the car or can I then pickup the car with a Sherriff present?
Answered in 5 minutes by:
6/27/2016
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,528
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Good morning. Do you know why the Judge allowed your Ex to use your car? It is very odd that your Ex does not have their own mode of transportation

Ask Your Own Family Law Question
Customer reply replied 1 year ago
She claims that it is her car
Customer reply replied 1 year ago
That she has money in the car
Customer reply replied 1 year ago
I allowed her use of my vehicle so that she could save money
Customer reply replied 1 year ago
Can a modification be filed unilaterally by the court and signed by the judge to have that removed and therefore allowing me to pickup the car?
Customer reply replied 1 year ago
He stated in court that he probably would not rule on property and that it may have to be decided in small claims or another court. She has had the use of the vehicle for 3 months now and I want the vehicle back
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago

Thank you. Allow me a moment

Ask Your Own Family Law Question
Customer reply replied 1 year ago
The vehicle is worth more than the $15k limit of small claims court
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago

Yes, what the Judge told you is correct. Since this is not a divorce proceeding and only has to due with custody of a child from unwed parents, then the Judge can not rule on the issue with possession of the car. Now, if the car is in your name and she took the car outside of what was ordered by the Judge, then you can try and call the police and get them involved or report it stolen. It does not make sense that the Judge would order that an ex be allowed to use your car for child custody, as they should have their own mode of transportation, especially when it is your car and in your name. In this case, you can try and file a motion to modify the issue with the car, under the custody agreement and ask the Judge to order a place to exchange the child. If you have a key to the car and you know where it is, you can peacefully take your car, since she has no right to it. However, you need to make sure you are not violating the order, since you said she has had it for 3 months.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
her attorney included the language in the temporary order that the expressed ownership of the car was to be resolved at a later date. However the judge already made his statement and therefore need to have it removed from the order, so that I can pick up the car. What is the best way of doing so? Filing a modification? Can the modification be issued unilaterally with the judge?
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago

Yes, you would need to modify the order then, asking the Judge who ordered the temporary possession, to remove it. Once the motion is filed, it would need to be set for hearing and the other party would be allowed to appear and be heard. Seeing how it has been 3 months, you own the car and he has no legal right or interest to it, it would be hard for me to see why the Judge would allow this to remain in effect and not require he get his own vehicle.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Oh so just the removal of it from the temporary order would not allow me immediately to go pickup the car? I would have to wait until a hearing to be able to pickup the vehicle?
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago

It all depends on what the order says in regard to him using it. You shared he has had it for 3 months, so I am curious to know what the order said? I ask because for him to have the car for 3 months already, would indicate that the Judge allowed him to have temporary possession of it

Ask Your Own Family Law Question
Customer reply replied 1 year ago
the signed temporary gives her temporary use of the vehicle yet the judge stated he would not rule on property in a custody case
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago

Thank you. Then yes, you need to file the motion and could not just take it back, since he has a court order at this time allowing use and possession of it.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Ok so once I file the motion and the judge removes it can I then pickup the car or do we have to have a hearing first?
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago

Once the Judge says that he can not longer have the car, he would have to return it and/or allow you to retrieve it.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
it's that simple have the judge sign a modification and then go pick up the car?
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago

Yes, assuming the Judge will agree and allow it.

Ask Your Own Family Law Question
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Since the judge mentioned it in court, what other choice does he have if he won't rule on it?
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago
The judge has to rule on the issue regarding temporary use. The judge imposed the order so needs to decide if he shall remain in effect or be terminated/modified
Ask Your Own Family Law Question
Ask FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,528
29,528 Satisfied Customers
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases

FamilyAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
In Texas how do you request a child custody evaluation
In Texas how do you request a child custody evaluation during divorce? Is that something you're a lawyer has to initiate or can you get that done yourself?… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
Child custody and child support. Nj. No I go into full
Child custody and child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Nj JA: Has anything been filed or reported? Customer: Yes JA: Anythi… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
I am about to file for child custody and child support I am
I am about to file for child custody and child support I am an unwed father in the state of California . My sons mother has made things quite difficult by not letting me see my son and Insists on rece… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
I need help in child custody. Texas. Not at this time. That
That my son has been in the custody of his father and his father's family for 2years in violation of a shelter document he received to pick my son up during my hospitalization… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I received temporary orders for child custody here in
good morning. i received temporary orders for child custody here in nebraska. i have the order for you to look at. it says temporary removal of minor child to tennessee is denied. it goes on to say my… read more
FamilyAnswer
FamilyAnswer
Lawyer
29,528 satisfied customers
I had a temporary order of protection against my husband in
I had a temporary order of protection against my husband in 2015 for pushing me and causing me to flip over the dining room chair and hitting my head. After a while I decided to drop it and we moved t… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
This is a child custody question i am in the state of
this is a child custody question i am in the state of Colorado and recently my sister at 40 years old died and she has a 14 yr old daughter they both lived with my grand parents for well over 10 years… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I'm in a child custody and visitation situation with a
I'm in a child custody and visitation situation with a female. There was no relationship. The child is 1yrs old. I didn't know the child's name until the summons. I don't want any envolvement! I'm an … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am going through a child custody battle in oregon and was
Hello. I am going through a child custody battle in oregon and was wondering besides status quo order, what other types of temporary orders do I want to file? … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Is it possible to get child custody with a good reason if
Is it possible to get child custody with a good reason if you are behind on child support? I am going through divorce-custody. I pay a good amount 1200 a month I just can't afford what the DA ordered.… read more
FamilyAnswer
FamilyAnswer
Lawyer
29,528 satisfied customers
In regards to child custody and the child lives with the
in regards to child custody and the child lives with the mother in another state, does one have to file for a custody agreement in that state or can one file where they live? … read more
FamilyAnswer
FamilyAnswer
Lawyer
29,528 satisfied customers
Any child custody lawyers in AL available at this time?
Any child custody lawyers in AL available at this time? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
My question is.... In the middle of a child custody move
Hello. My question is.... In the middle of a child custody move away case can I evacuate with my child to another state because of earthquake warnings in the state of California? Or will I be arrested… read more
FamilyAnswer
FamilyAnswer
Lawyer
29,528 satisfied customers
During a hearing for Temporary Orders, the Judge stated she
During a hearing for Temporary Orders, the Judge stated she would not consider anything but Standard Order of Possession.We have an order waiting for her signature. However, my spouse believes he gets… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I have questions regarding Child Custody and Divorce. Utah
I have questions regarding Child Custody and Divorce … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
My sister filed for divorce in County and child custody she
Hi my sister filed for divorce in Green County and child custody she left the dad visitHi my sister filed for divorce in Green County and child custody she left the dad visit them and he was supposed … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
In the temporary orders of my divorce were direct orders to
In the temporary orders of my divorce were direct orders to not expose the children to the case. My EX was found in contempt of that order. Later the permanent orders did not repeat nor delete nor add… read more
Sue
Sue
Juris Doctorate
244 satisfied customers
Currently working under a temporary order for child custody
Currently working under a temporary order for child custody almost a year now and the opposing party continues to push back court dates and mediation. What can be done?… read more
Benjamin Nyhan
Benjamin Nyhan
JD
2 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x