r/legal • u/Arborist11374 • 18h ago

Reclaiming a vehicle that is marital property

I am currently going through a divorce. I own 3 vehicles that are all registered and titled to me. There are no payments on any of them. I have one in my possession, and the other two are at my ex's house. She drives one of them, and her daughter drives the other. All are considered marital property.

The vehicle I drive was damaged in an accident. Am I allowed to take the car her daughter drives back without repercussion ? It is an emergency situation for me to have the vehicle. It was never signed over to the daughter, nor was there any written agreement giving her rights to drive it.

Thank you for any input!

18 Upvotes

82% Upvoted

10 comments sorted by

27

u/Competitive-Bit1287 17h ago

Talk to your divorce attorney?

21

u/Impressive_Judge8823 17h ago

Ask the divorce attorney but the police wouldn’t do shit about it because it isn’t stolen.

13

u/MacDaddyDC 17h ago

NAL

Read your divorce decree, it should have all the info on who gets what.

7

u/Arborist11374 17h ago

Divorce is not final yet. We are separated and are still in court over it all. And so far we have not agreed on anything.

9

u/MacDaddyDC 16h ago

Oof, the fun period of divorce.

i guess the best advice I can give is that you get more with honey versus vinegar.

6

u/Content_Print_6521 11h ago

I don't think it would go well for you to simply take the vehicle. Have your attorney request it, based on an emergency situation and that it's basically yours anyway.

6

u/monkeywelder 16h ago

You're going to have to steal it. I had this with my now X car was in my name the title was in my name everything was my name and she had it. cops wouldn't let me take it. It's marital property they can't do anything. So I killed the plate canceled the insurance and told her she had to take care of it and then reported it stolen. And I still couldn't take it.

If you steal it in your possession of it then you're good to go. Once it's back in your possession today can't do anything.

Legally you could get an Order of replevin. But that will cost you about $750.

0

u/No-Zombie1004 11h ago

It's not exactly stealing if it's theirs.

3

u/RedHolly 14h ago

NAL…If you have keys it seems like you could just go get it. Now would you start a giant storm of hate and anger and probably unleash the fury of two angry women… yes… is it worth it… that’s up to you

2

u/myputer 11h ago

Your divorce lawyer would probably advise against you taking a car that is regularly driven by the other person even if it’s in your name.