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My dad is divorcing his wife. He has a restraining order…

My dad is divorcing...

My dad is divorcing his wife. He has a restraining order against her. He is living elsewhere and she is still on his/her property. I own a vehicle that has been stored on their property for a couple of years and I want to retrieve it. How can I do so without relying on either of them letting me remove the vehicle.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My dads wife is unstable

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Answered in 2 minutes by:
3/12/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,825
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you! First, is the vehicle parked on the property in a location you cannot access? For example in a garage or behind a gate.

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Customer reply replied 5 months ago
No, it is stored under a open car port behind my dads garage. Easily accessible with a truck and trailer.

As long as you have the car title you may retrieve the property. If you fear repercussions from your dad's ex then you may contact the sheriff's office and tell them you need to retrieve your vehicle from the property, showing them the car title proving ownership, and asking if one will escort you to avoid a domestic disturbance.

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The key is being able to prove ownership. As long as the vehicle is located in the open and your father is listed as an owner of the real estate you are not trespassing. Does your father and his ex co-own the real estate?

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Customer reply replied 5 months ago
I do have the title for the vehicle, I have several bins of parts stored with the vehicle that are mine as well. Everything in the open carport belongs to me. They co own the estate.

Since your father is a co owner he has the authority to grant you permission to come on to the property. You will not be trespassing.

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Customer reply replied 5 months ago
The carport belongs to me as well. My dad will attest to the carport, vehicle and parts belong to me.

Good! You have every right to retrieve everything.

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If you know her schedule you could try to do it when she's not present. Like I said, if you feel she is going to create a disturbance you can contact the police first and give them a heads up.

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Please let me know if there is anything else I may help you with. If not, please remember to rate my service. Thank you!

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Customer reply replied 5 months ago
If the police tell it’s a civil matter and do not cooperate do I get a lawyer then? I want to avoid confrontation, if she calls the police and they ask me to leave then my belongings become a target and I want to avoid that.

If they do not accompany you to the property, you may still call them and notify them of your intentions. This way they will have a record in case she tries to call the police. This is a common tactic used in divorces when someone needs to retrieve items from the home. You may get a lawyer. Usually the first step the lawyer will take is to send a certified letter to the ex, asking notifying her of your intention to retrieve your property. This is a good step, but sometimes not the best move because this gives the individual an opportunity to either hide or destroy the property before it is retrieved.

Jessica B
Category: Family Law
Satisfied Customers: 1,825
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thank you

No problem!

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