If my wife and I recently separated and he has a car that is in my name only, can I peacefully go retrieve it without being arrested?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my wife and I recently separated and he has a car that is in my name only, can I peacefully go retrieve it without being arrested?
She does not pay for the car nor insurance.
Asked on March 24, 2012 under Family Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I know that this must be very difficult but here is the deal: assets purchased during a marriage are marital assets regardless of whose name they are in or who pays for what - like insurance. Now, do you need the car to facilitate going to work or for some reason like that? Or do you want it just because she has it and you want it? If he drove it on a regular basis and you are just being spiteful be aware that a court will not look to kindly on that. If it is for a valid reason then I would suggest that you legally separate or file for divorce and ask the court to award you temporary use. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.