More details to this question:
I have a restraining order in place against me. She is the one filing for the divorce. We have been separated for over a year now. I have never seen any papers stating what the conditions of this separation are. I have idea when the divorce proceedings will begin. I only know that it is stated on court papers that we are separated.
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
She can not sell your vehicle if it is titled in your name.
Answered on Nov 06th, 2012 at 12:04 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
If the car is titled in her name, she can sell it without your permission. The only way to stop that is to file for divorce and obtain a restraining order prohibiting her from disposing of marital property.
Answered on Nov 04th, 2012 at 2:00 AM
Criminal Law Attorney serving Novi, MI
at
Law Offices of Stephen A. Barker
Update Your Profile
No. You need to call Circuit Court in County of her residence. find out case # and judge assigned and get copies of all pleadings filed. See if there are any orders regarding sale of property. If not, you need to get representation and get a property injunction to protect your stuff.
Answered on Nov 02nd, 2012 at 11:50 PM
If the vehicle is titled in your name, "she" cannot sell it without your consent.? It sounds like you should consult an experienced attorney and file for divorce yourself before she gets pregnant and you end up obligated to support another man's child.? By law, you can be ordered to support any child born or conceived during the marriage.? So beg? or borrow the money if you don't have it and get an attorney to file for divorce before that happens and your car gets sold (you can get a restraining order in the divorce prohibiting both of you from selling marital property without the consent of the other).
Answered on Nov 02nd, 2012 at 11:50 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
If the car is in both names, either party can sell it without the other's consent.
Answered on Nov 02nd, 2012 at 11:48 PM
The standard restraining orders which are on the back of the summons form and apply to every dissolution do not allow either party to dispose of community property without an agreement of the parties or an order of the court. You can always check the court file to see what has or has not been ordered although you should have been personally served with all pleadings. You should consult a family law attorney or facilitator to assist you in this matter.
Answered on Nov 02nd, 2012 at 11:47 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Go to court look at all the paperwork. Then you should know what's going on. She can't sell vehicle without court or your approval.
Answered on Nov 02nd, 2012 at 11:46 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Unless there is a court order for a "legal separation", in Colorado "separated" only means that you are not living together. If title to the vehicle is in your name only, she cannot sell it without your signature - either real or forged. If the final terms of the divorce result in the vehicle being awarded to her by the judge, the judge can order you to sign over the title or authorize someone else to sign for you if you refuse to obey the judge.
Answered on Nov 02nd, 2012 at 11:40 PM
Leonard A. Kaanta
You should file a motion for a restraining order against the selling of assets. You need to file for divorce.
Answered on Nov 02nd, 2012 at 11:37 PM
My suggestion is that you immediately go down to the Courthouse where the divorce is filed, pull the file and review each page and document. You can also get copies of each page and document for your own file. After your review, you will know the answers to all your questions about what is going on. Good luck.
Answered on Nov 02nd, 2012 at 11:35 PM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
If you haven't seen the papers, how do you know what they say? You clearly need a lawyer to represent you. Find a family law attorney today.
Answered on Nov 02nd, 2012 at 11:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You need to go to the court file and see all of the orders, get copies and take them to an attorney for advise.
Answered on Nov 02nd, 2012 at 11:33 PM