Phoenix, AZ asked in Civil Litigation, Intellectual Property and Divorce for Arizona

Q: Our car was in both of our names. She trade in our car for a car in her name only. Can she do this without my signature.

I'm without a car.Is there anything I can do to get my car back from the dealer.

1 Lawyer Answer
Peter H. Westby
Peter H. Westby
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the dealer. This is not to say that you have no recourse. If you are married, you can address the unfairness of this conduct during the course of your divorce. The Court may adjust the property settlement accordingly to provide some help. If your wife traded the family car after the divorce was filed, she may have violated the preliminary injunction. This would be another circumstance that may allow the Court to provide some measure of relief to you.

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