Taking back property

Question Details:

My husband and Iwere married on 11/26/2008 and separated in 3/2009. We are in the process of a divorce and he had my car so I went and took it back. Can I be charged with theft for taking the car and his pesonal property, which was in it?

Asked 10/15/2009 under Divorce, Marriage, Alimony | 187 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

You may have issues if the car was bought during the marriage as it is marital property. The fact that his personal property was in the car is an issue. You state that it was your car however in order to get a accurate assessment of the situation, such factors as whose name is on the title, whether there are any court orders in effect (many counties automatically put into effect a restraining order upon first filing of any paperwork in a divorce) and what the wording of all this actually states. You could possibly face contempt of court and other issues. Also what matters is what exactly the personal property is in your possession and why you have not returned it to your soon to be ex.

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