Midlothian, VA asked in Divorce for Virginia

Q: Wife moved out-of-state abandoning junk vehicle on my property. She won't move it. Can I legally have it removed?

Related Topics:
1 Lawyer Answer
Thomas H. Roberts
Thomas H. Roberts
Answered
  • Richmond, VA
  • Licensed in Virginia

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).

NOTICE: THE INFORMATION CONTAINED HEREIN SHALL NOT BE DEEMED TO CONSTITUTE LEGAL ADVICE --- YOU MAY NOT RELY UPON THIS INFORMATION AS LEGAL ADVICE. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED.

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.