Q: I’ve been engaged for 5 years , live together and recently bought a new vehicle for my daily use.
We purchased it for my sole use to get kids back and forth to school etc. He works out of town and is only home 6 days a month. Two days ago he told me he was seeing someone else and to
Pack and move out of his house. Since then I’ve found out when he went to the dealership to ay the rest of the downpayment he had the contract and title work done in his name only. Except on star services which he left in my name. He told me to move out but says if I take the vehicle he will report it stolen. Is that possible to do?? I have to take my children and move out of state back near my family .
A:
The easiest thing might be to rent a U-Haul for a one-way move and count your blessings that you never tied the knot.
In Texas, a resident can refuse to leave unless formally evicted by a court... you can even appeal the eviction to a higher court and drag it out even longer. This seems like a bad idea and a toxic situation. You should definitely consult an attorney that practices in the area of Landlord & Tenant law before attempting this maneuver.
If he is violent or threatens violence, you could seek a Family Violence Protective Order that could have the effect of evicting HIM from his home, at least temporarily. If you are considering this option you should talk to the District Attorney's Office in the county where you live.
Consult a Family Law attorney before you leave if they are also HIS children or if you had a common-law marriage.
As far as the criminal law portion of your questions... yes you could be arrested if a cop believes there is probable cause to believe you stole his car. You can be arrested for almost anything at any time. The real question is whether there is sufficient evidence to prove every element of the offense beyond a reasonable doubt.
In any case, renting a U-Haul truck is much cheaper than hiring an attorney. Good luck!
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