QUESTION

Can I file for temporary possession of a vehicle even if the said vehicle is in his name?

Asked on Jul 24th, 2015 on Divorce - Oregon
More details to this question:
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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In responding to this question, I am assuming that you do have an on-going action for dissolution of marriage pending in an Oregon court and that you do not have an agreement with your soon-to-be-ex to allow you to use the vehicle. When a dissolution has been filed, there is an Automatic Statutory Restraining Order that comes into play for both parties. The order provides that the parties cannot sell or conceal items of real or personal property or financial resources other than in the normal course of business without either an agreement with the other party or an order by the Court. If you need something like a vehicle for an important task (like getting to work or taking the kids to school) and you do not have an agreement with your spouse, you have to bring a motion to the Court for an order allowing you to use that item for the specific purpose you need it for. The motion would have to be filed with the Court and served on the other party after which he would have a specific period of time within which to file a response. If you file and serve the motion, and if he files a timely objection, the Court will set a hearing where you can explain to the Court what you need and why. If you do not have a lawyer at this point, you might want to see about getting one to pursue your case.
Answered on Jul 28th, 2015 at 2:19 AM

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