Q: My ex has not returned my car(it is titled in my name only). Can I report it as stolen?

A: I definitely can not give you a definite answer to this question. Too many slippery concepts to deal with here. Since this is the divorce forum, so I gotta assume that you and 'Ex' are divorced. First of all, forget about whose 'name' the property is 'in.' In Alabama, the divorce judge can divide up EVERYTHING. Doesn't matter whose name its in. So long as one or both of you got it during the marriage or so long as the property was used by the couple during the marriage, the judge can divide it up any way he or she thinks is fair. Take a look at Alabama Code Section 30-2-51. Here's the url in Justia: http://law.justia.com/codes/alabama/2013/title-30/chapter-2/section-30-2...

So, if the judge gave 'Ex' the car then it's his/hers. Remember, it doesn't matter whose name is on the title, what matters is the divorce decree. In fact, you will probably be required to sign the title over to 'Ex' if the decree awarded the car to him/her. To be charitable, I'll assume that the judge gave the car to you or maybe the divorce decree didn't say anything about the car and the car is, in fact, yours. THEN JUST GO GET THE DAD-GUM CAR??!! Surely you've got a set of keys. Surely you know where 'Ex' lives or works. Why report it as stolen when you can just GO GET IT!?...What's that? You say that 'Ex' has a 12 gauge shotgun, and has threatened to use it? All right, then it might be OK to go to the cops and report the car as stolen. But be ready to answer questions like this this: 'How did 'Ex' get the car to begin with.' Ex might say you GAVE him/her the car. Ex might have a bill of sale from you. Etc., etc. So you see there are lots of possibilities here, and I can't give you a good opinion that you can rely on. You should consult the lawyer who represented you in the divorce. If you don't have a lawyer, I'll be happy to discuss the case with you. If you click on my name above it will take you to my profile page. There you can find my telephone number and my email address. I don't charge for the first 30 minutes of a consultation, and I don't flood you with spam, etc. Good luck to you.