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Keeping my property

Discussion in 'Marriage, Engagement, Domestic Partnerships' started by Hollywood420, Jul 8, 2018.

  1. Hollywood420

    Hollywood420 Law Topic Starter New Member

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    Good morning. My Fiancee Juan passed away June 9th, 2018. We've been living together for 41/2 years. We own 2 vehicles together. I have one and Juan's mother took the other from the hospital and will not give it back to me. I have contacted the police to report it stolen. I can't get any straight answers from Juan's family. It's at their house then it's been stolen now the parking enforcement towed it. Not true. We have a storage together his mom didn't pay this month. I called the manager of the storage she said that his mom has to get a power of attorney to get in to remove our things. Juan's mom doesn't want the storage. but she is not going to help me get my things out either. My name is on the contract to.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    From a "legal" standpoint you are a STRANGER to Juan and his family has no obligation to give you, show you, or tell you anything.

    The car wasn't "stolen" it was taken into possession for safekeeping by a potential heir to Juan's estate. Nothing illegal about that and you could be charged with filing a false police report.

    With both your names on the car title as owners you should be able to go to the impound lot, pay the fees, and retrieve the car. If you don't have keys you'll need to bring a locksmith or a tow truck.

    Are the titles written with "and" or "or"? If "or" then take the both titles to the DMV and have them transferred into your name. If "and" they will probably have to be probated and ownership determined by the probate court.

    If the cars are being financed make sure you continue making the payments or you might lose them both to repossession.

    Since the storage contract is in both your names, you should be able to go get your stuff. Be prepared to bring the fees up to date there, too.

    Your situation is a good argument against getting financially involved with somebody you aren't married to
     
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  3. Hollywood420

    Hollywood420 Law Topic Starter New Member

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    Thank you. The car was taken without our permission. She text me and said she would hide the car so couldn't have it. Both cars are in my name. The storage is the problm
     
  4. army judge

    army judge Super Moderator

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    If both vehicles are TITLED in your name, you can legally go get your car(s).

    You have reported the theft to the police, so tell the police what the thief allowed to happen to the car.

    You can also try and sue the thief in small claims court, or report the theft to your automobile insurer.
     
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  5. adjusterjack

    adjusterjack Super Moderator

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    That contradicts this:

    Is your name the ONLY name on the titles to both cars?
     
  6. zddoodah

    zddoodah Well-Known Member

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    Why would his mother pay for your storage unit?

    Why would she do that -- especially since you essentially called the cops on her?

    You didn't ask any questions, so I'm not sure what the purpose of your post is.

    Did Juan have a will? If so, what does it say.

    If he had no will, you have no entitlement to any of his property, and his interest in any jointly owned property will pass to his children (if he had any) or to his parents.
     

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