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?

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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 8 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.


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