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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My husband and I are separated. He has my car because he

Customer Question

My husband and I are separated. He has my car because he doesn't have one of his own and is refusing to give it back to me. I do not have another car but get by living close to work. I bought the car before we were married. The car is on my name, and I have been paying for the car payments and insurance. The car is not payed off. Is there any legal action I can do to get my car back?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

I suggest, you consider filing for a legal separation. Once you have filed, you can request the court to order your separate property back to your use and possession. You can file the limited divorce based on your separation of living not under the same roof and no sexual encounters in this separation.

Once you have been separated for the 12 months required, you can then request the limited be converted to an absolute divorce.

In the meantime, when you file for the limited divorce you will establish what is your separate property and request use and possession be awarded to you. Separate property is any and all property that has been brought into the marriage and not what has been acquired during the marriage. That would be consider marital property. You can then consider a mediator to resolve any of those issues.

Expert:  Sam replied 1 year ago.

Here is the MD Code on a Limited Divorce. I suggest you might consider consultation with a local attorney to help you file.

Expert:  Sam replied 1 year ago.

You also can review this Link for the forms if you want to proceed on your own.

Expert:  Sam replied 1 year ago.

I suggest you also can consider using the Md Legal Forms Hotline and they can help you to find the Motion you need for use and possession of your separate property, ie your vehicle. 1-***-***-****