How do I obtain the vehicle that is all in my name back, if my now ex-wife refuses to return it?

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How do I obtain the vehicle that is all in my name back, if my now ex-wife refuses to return it?

Asked on January 7, 2015 under Family Law, Maryland

Answers:

Bruce Provda / Provda Law Firm

Answered 6 years ago | Contributor

The first question to be asked here is did you obtain the vehicle before you were married and has it been in your name only.  Also were there payments on this car that came out of the joint marital accounts and insurance and  maintenance for the car.  You need to go over your divorce agreement with an attorney. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As a general matter, if someone has a vehicle (or other property of yours) and refuses to return it, you have to sue them for its returned; if you win the lawsuit and get a judgment in your favor, either then will return it or you will be able to use various enforcement procedures (such as via the sheriff or a court officer) to get it back.

However, your say that the person with your vehicle is your ex-wife. That complicates matters, since unless the vehicle was awarded to you in the divorce, she may have a claim to it.  You are advised to speak with family law (also known as matrimonial law or divorce) attorney about the best way to proceed.


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