Q: If my ex has my car (car in my name) in his possession and won't give it back, can I have it reported stolen and towed?
My husband and I are legally separated and working toward a divorce. He is an illegal alien and has no driver's license. He is in possession of a 98 Toyota Corolla that is in my name, but he is the one that paid for it (while we were married). He claims it is his because he bought it, but my car insurance agent said that because it is in my name, it should be in my possession. I asked my ex to return the car by 8pm tonight (I gave him 2 days to comply). If he doesn't return the car as requested, what should my next legal step be? I have had family and friends suggest I report the car stolen and have it towed. Can I do that? I just don't want to get in trouble if he choses to drive it, as I was told that NC law says if you let someone without a driver's license drive your car, that my license can be revoked for that.
He wants to transfer the car into his name, except he lost the title and I don't have time to go with him to the dmv to do a title transfer until next Monday.
A: Of course not - this is a civil domestic issue not a criminal one - police will likely not assist you. However, if you have a key and can get to it without breaching the peace, you can go get it yourself. You have as much right (likely more right since it is in your name) than he does. The fact that he paid for most or all of it is irrelevant. You should have worked out the fairness of that in a formal written separation agreement. As to getting in trouble for allowing him to drive, how exactly do you believe that could happen? Did you give him permission to take the car? Are you allowing him to drive the car or is he making that decision himself? You should stop listening to insurance agents and friends and consult with a local family law attorney - such as the one helping you with your separation / divorce. If you are doing things yourself - you should stop and hire an attorney. If he doesn't return the car or you can't get it yourself, you will need to file a claim for equitable distribution. This is not something you can likely successfully do on your own. Best of luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
