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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116745
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Separated from my wife over a year ago. She took my car and

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Separated from my wife over a year ago. She took my car and has had it the entire time. The vehicle is in my name, and registered in my name. I have been unemployed and can no longer make the payment, so it is being repossessed. She won't give it back and won't tell me where she (or the care) is. I am going to have to file bankruptcy anyway so either way it's going to get repo'd. What is my best course of action to get it back from her so it can be repo'd? Is she legally able to keep it like that in the first place? I mean I understand the community property concept, but this seems different because of a repo.
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months 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.
At this point you need to inform the car company the car is in possession of your wife and you have been estranged for a year and have no idea where she is. It is not stolen from, because she had a right as a spouse to take and use your car even though it is in your name. However if your loan company wants, they can file a complaint and report for theft for her hiding and refusing to surrender secured property and then let your loan company deal with her.
She will not be able to do anything with the car other than drive it.
The only way to get it from her would be for you to find out where she is through family/friends/social media or use a private investigator to locate her.