Lewisburg, TN asked in Divorce and Family Law for Tennessee

Q: can I get the car back legally?

so my husband josh gave me the car for transportation but its in his own name. he has his own transportation is why he gave me the car for transportation for me and 3 kids. we had a small disagreement on july 21, 2019. so he supposedly had a friend come and pick up his car that I had locked from my moms apartment where me and kids live. had this done while I was almost asleep and I needed something out of the car and it was gone. I have been waiting for him to give me the title to put in my name only. so we have separated since march of 2019, about to go through a divorce. he has 2 vehicles in his name. he was going to give me the car for free for the divorce just so I have transportation for me and the kids.

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: Yes, if he has two vehicles, and you have been driving one of them during the marriage, and you don't currently have a vehicle, I think it's likely that a divorce judge would award you that car. However, you will have to file for divorce, there would be no chance of just suing for the car- you never got the title transferred from him to you.

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