Can I get our car out from the tow company lot if it’s registered in my husband’s name?

UPDATED: May 31, 2012

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Can I get our car out from the tow company lot if it’s registered in my husband’s name?

He might be in jail and I need it for work and the kids. He got picked up today for DUI and has to see a judge; it might be a second offense I’m not sure. So I wonder if he will go to jail, therefore leaving the kids and me without a car.

Asked on May 31, 2012 under Criminal Law, Rhode Island


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best answer is == you should be able to.... but the final answer will depend on the towing company.  Many will release to you upon a showing of proof that you are a spouse with a joint ownership interest.  Proof can include the insurance being in both of your names.  The proof required will depend on the towing company's policies.  Your husband may need to sign an affidavit at the jail to authorize the towing company to release the vehicle to you.  The sooner you can get this going, the better.  Between towing and storage fees, the longer you take to get the vehicle out the more expensive it will be at a later date. 

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