Q: Wife moved out-of-state abandoning junk vehicle on my property. She won't move it. Can I legally have it removed?
A:
Nobody will give you a "guarantee" on any response.
By the term "wife" your question implies that you are still married and therefore have not "equitably divided" the marital assets in a divorce proceeding. So generally, there are at least three legal principles taken into account. 1. Did she really "abandon" the property?; 2. Are you the bailee of the property (A person with whom property is left for safekeeping. In law, the person to whom goods are committed in bailment. He has a temporary possession of them and a qualified property in them for such purpose only.The person to whom goods are committed in trust, and who has a temporary possession and a qualified property in them, for the purposes of the trust.)? 3. Was the car acquired during the course of the marriage other than by gift or inheritance - if so, then it is "marital property" subject to equitable distribution --- but if it is truly a "junk car" then it will have little value. If the vehicle is not really a "junk car" you run the risk of a claim of "conversion" if you act upon it in a way contrary to the possessory interest of the owner. And finally, if your wife is so inclined and vicious, she might try to bring a criminal charge against you for "stealing her car" (take the property of another with the intent to permanently deprive the lawful owner).
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