Trying to retrieve a vehicle

Anna C

New Member
Jurisdiction
New Mexico
My husband decided to leave our marriage leaving me to deal with all of the bills alone and his bills that he accumulated. (Marriage Abandonment?) He also took our family van and then leaves it abandoned on the streets he then calls his ex gf. She been driving it around. Now I went to get the vehicle back due to the fact after being told that should not be driving it around especially when she isn't on the insurance should she hit some one or have an accident Me and the astranged Husband would be in trouble should that happen we would end up paying back the person. So I took the proper process in trying to get the vehicle back I called her and let her know and she was furious then stated for me to pick up the vehicle so I didn't want and arguing so i called the cops.. well let's just say she driving the vehicle that has no insurance and knowing that I told the officer he lets her go. I need advice to see what I can do because my husband is a bum and I don't want nothing to fall back on me...
 
It is just as much his as it is yours. You really are not in a position to recover the vehicle regardless of the insurance issue. If it is given up willingly that is one thing, but you don't have leverage to take it without consent.
Ownership of the van is something that will have to be sorted out in the divorce.
 
True... the thing I forgot to mention is He still owes money on the vehicle to his boss... so as I was told earlier it's going to be on him and her and since I never got the vehicle back I'm not entitled to pay nothing on the vehicle since she is driving it she will be responsible to pay his boss the money back on what is owed on the van and I am to step back and avoid all contact til the court hearing. So the fact that I went about this the right way and he signs the title over to her and it is in her possession it's going to be between her and The husband and his boss. So now I'm going to step back and let it be... should anything happen when the vehicle is in her possession my husband and I will be responsible for it but since he owes money on the vehicle still and she has it she has to pay for the vehicle not me.
 
So even with my name on it... that's crazy how that goes but hey... she wants it she can have now I won't be responsible for the payment at all that will be between my husband, her and his boss... from my understanding I also am not entitled to nothing even though he walked out on our marriage and me I've been paying for everything myself since he left.. I don't know that's one attorneys advise as verses so many other and all states are different z
 
Who is responsible for paying depends on who's name is on the loan. It has nothing to do with who is driving it.
Outstanding debts will be resolved in the divorce.
 
Exactly I'm not ... it's between my husband and my boss. I'm out of it he is a bum on the streets now I paid for the tools he pawned from his boss which over a thousand. All I'm saying is he is a homeless man and to keep MYSELF SAFE if she were to wreck it it falls on me even though his name is on it also. That's all I'm saying. So to prevent that or anything from happening I wanted to pick the vehicle up but I didn't get it so there fore I'm done with it and the fact that the officer let her get in the vehicle and drive knowing I just got done telling him that the vehicle has no insurance is very upsetting.
 
If you have a set of keys, go get the car. Just as he had the right to allow this chick to drive it you have the right to take it back. Make sure you have proof of ownership and insurance when you do.
 
There is no reason that the current insurance would not cover an accident.
 
I didn't mean to imply that it wouldn't. I just want the OP to have everything the police will ask her for if pulled over if the STBX reports the car stolen.

Sorry - I was actually responding to this from the OP:

Now I went to get the vehicle back due to the fact after being told that should not be driving it around especially when she isn't on the insurance should she hit some one or have an accident Me and the astranged Husband would be in trouble should that happen we would end up paying back the person.
 
I had all the information for the vehicle but the officer says "your husband told her that it was okay for her to drive the vehicle around so I can't force her to hand over the keys" I had all the proper paperwork and insurance everything the pasty that suck is it has no extra keys...
 
I thought about everything n now I should have it towed... but u know what it's okay obviously she needs it more so I can just write it off as me being sympathetic in my divorce and felt sorry for cause her other car fell apart and she needed the vehicle.... I don't want to argue or fight over something that can be replaced... I did think about this long and hard I just want the divorce and to get away from him... all material things can be replaced I just want me n my daughters to be okay...
 
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