What options does my daughter have to recover a pickup truck that her husband is in possession of?

They are currently separated and she is living in one state and he is living in another. They purchased the truck while still married. The title to the truck is in her name only but her husband has the truck and is refusing to make the payments which are now 2 months late. My daughter does not have the money to pay for both of their vehicles.

Asked on October 25, 2017 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Generally speaking, property purchased during a marriage is joint property regardless of whose name is on the title or deed.  If your daughter met with an attorney who suggested those options it must be based upon conversations with your daughter as to strategy.  Why hasn't she filed for divorce?  Or legal separation if the state permits so that her attorney can request that the car be either paid by the Husband, turned over to her or some other option available?  She needs a long term strategy and quickly before her credit is ruined.  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.