Q: Divorcing incarcerated husband, I have only car in his name. Can in laws report car stolen or take car from me?
Husband has been in jail since 09/13/2019. A week later I moved to different town/county, started new job, and am in the midst of filing for divorce. We have one vehicle and it is in his name only. Father in law in now threatening to report car stolen if I do not place car in his possession. I am asking for vehicle in divorce since I work and he will likely be entering a year long in facility rehabilitation center for substance abuse. Can my father in law legally report car stolen? Do I have to give car back to a husband who is incarcerated? If legal separation papers state title must be transfered for ownership, can I use those to order a new title in my name?
A: The car is marital property regardless of whose name it is in. Father does not have standing to take a warrant against you. Keep the car, cut off all contact and proceed with divorce.
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