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Discussion in 'Division of Marital Property' started by Arand, Aug 29, 2020.

  1. Arand

    Arand Law Topic Starter New Member

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    I am a 36 year old father of 3 and I am terminal. My purchased a vehicle and gave to my wife while we are separated and living in separate houses. Under the agreement we would still be married and she would help us get out of our situation: she took the title and got it registered under her name. She took all my money and ran and left me with the kids. All I want back is my property. Can I tow it away since I have the bill of sale. At this point it’s not really about the car it’s to prove a point and send a message.
     
  2. army judge

    army judge Super Moderator

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    If you're fighting a deadly disease or illness, caring for your minor children, you need not allow other stuff to take you away from the two most important things in your life: Your kids and your health.

    If you and the alleged thief are married, the law is unlikely to become involved in a marital dispute over jointly owned property.

    If you feel compelled to do something, try reporting the alleged theft to the proper law enforcement agency.




    A thief, even your spouse, is NOT likely to be concerned with any message you send.

    It might be hard, but try focusing on your children, the limited time you might have to enjoy being a dad, and doing whatever you can to beat the odds that are stacked against you.

    Be well, and I hope things turn around for you.
     
    Arand likes this.
  3. Arand

    Arand Law Topic Starter New Member

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    I was diagnosed last year with a rare heart and lung disease that will kill me within the next few years. She was my best friend and married almost 14 years and together since 16. But she turned her back on me and the kids. That was going to be hers if she came back and just became mom again. But instead she picked a car over her family. I paid for it in cash. But she took the title and titled it under her name and new address. My kids feel rejected but I will not let her bully us and make broken promises. So as a dying father I want them to see dad didn’t let her win. I would rather a judge split it. But I just don’t want to give her any satisfaction or benefit from us. So just want to take it and hold it until a judge awards who ever. But can I get arrested or forced to give it back once it’s towed away.
     
  4. mightymoose

    mightymoose Moderator

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    The matter of the car would be settled in a divorce. Right now it is titled to her and you really don't have a good option to just take it away.
    I don't think you mentioned any intent to divorce. If you aren't giving to pursue that then forget about the car or any compensation for it.
     
  5. zddoodah

    zddoodah Well-Known Member

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    What situation would that be?

    Can you tow it? We have no way of knowing if you have this ability. If your intent was to ask whether it would be legal, the answer is no since it is titled in her name. The bill of sale is meaningless if it's titled in her name. However, since you're married, the police might choose not to get involved and tell you and her to handle it through divorce court.
     
  6. Zigner

    Zigner Well-Known Member

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    Based on your second post, it is apparent that you meant to say "I purchased a vehicle and gave to my wife." Since you GAVE it to her, it's hers. She had every right to title it in her name.
     

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