QUESTION
How can I retrieve the vehicle that is under my mother’s name but my husband is refusing to return legally?
Asked on Nov 14th, 2012 on Divorce - Michigan
More details to this question:
He has used the car throughout our marriage in hopes of one day getting it signed over to him. Now that he has been unfaithful, we are getting a divorce.
13 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Cars belong to the person whose name is on the title. If your mother wants the car back, she needs to inform him she is rescinding his right to use it. If she has keys, she can simply take it. If not, once she has rescinded his right to use, she can call the police to say he is unlawfully using it.
Answered on Nov 20th, 2012 at 3:59 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Get a court hearing and ask the judge to order him to return it.
Answered on Nov 15th, 2012 at 8:04 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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get a court order
Answered on Nov 15th, 2012 at 6:12 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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File a replevin lawsuit.
Answered on Nov 15th, 2012 at 6:11 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The simple answer is that you have no right to the vehicle at all - it belongs to your mother and it is up to her to do something. If there is some legitimate argument that the title being in your mother's name is solely for convenience and it is really marital property, the divorce court can deal with the question of who should get it.
Answered on Nov 15th, 2012 at 6:11 PM
Family Law Attorney serving San Rafael, CA
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Warren Law Group PC
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You cannot retrieve a vehicle you do not own. Your mother must do it.
Answered on Nov 15th, 2012 at 6:11 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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If her name is on title, simply retrieve the car.
Answered on Nov 15th, 2012 at 6:11 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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If title is in your mother's name, she has the right to go take it if she has a key or to have it towed and re-keyed. If title is in your mother's name, your husband has no right to have the car unless he has an enforceable agreement with her letting him do so.
Answered on Nov 15th, 2012 at 6:10 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Have your mom get someone to go and get it.
Answered on Nov 15th, 2012 at 6:09 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Your mother will have to retrieve it. If he won't return it, have her call the police.
Answered on Nov 15th, 2012 at 6:09 PM
Consider having your mother contact your husband and advise him if he doesn't return the vehicle to her, she will report it stolen and give the police his information as the person who stole it.
Answered on Nov 15th, 2012 at 6:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You mother has to demand its return, and if necessary ask the authorities to assist in its repossession.
Answered on Nov 15th, 2012 at 6:08 PM
Steven D. Dunnings
Have your mother file an action for claim and delivery for the car.
Answered on Nov 15th, 2012 at 6:08 PM