Return of property

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Return of property

My wife and I are divorced. it was a simple petition for disolution which I filed, and the Judge granted. We were only married for about 6 months and aquired no property together. The Judge orderd that she take the personal property she had in her possession, and I take the personal property I had and in my possession and go our seperate ways. That was fine. The only problem I have is that she is still driving my vehicle and will not return it. I own the vehicle, with a small loan on it, make the payments, and keep the insurence up to date. I have owned the vehicle years before I met her and married her. Her whereabouts are currently unknown to me. My question is how can I get my vehicle returned to me? I am wholly liable for it and anything thing she does with it and I just want my vehicle returned.

Asked on May 31, 2009 under Family Law, Florida

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 12 years ago | Contributor

I concur with B.B. Cars are considered personal property and not real property. If the car was in her possession at the time of the divorce, that is a major issue if the car was not otherwise dealt with in the divorce decree. You may have options to get reimbursed for what you are paying for the car and force her to refinance said car OR you might be able to clarify the decree to deal with the car or you might be able to object to the decision based on time depending on when it was granted. Please get a consult with an attorney in your area.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It sounds like your ex-wife had the car in her possession at the time of the divorce, which might be a problem here.  However, if the car was mentioned, as being yours, then she has your car, without your permission.  To most police officers, that sounds like a stolen car.  It sounds that way to me, as well, although I would have the divorce decree and all the facts reviewed by a lawyer in your area, first, just to make sure.  One place you can go to find an attorney is our website, http://attorneypages.com


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