QUESTION
Can I legally take a van that is titled in my name alone?
Asked on Sep 17th, 2014 on Divorce - North Carolina
More details to this question:
In our original papers it states the van is hers until she is able to purchase a vehicle. Then she is supposed to give van to me. It's been 5 years and she has a company vehicle now. Also we just drew up new papers with no mention of the van in them. The van is in my name alone. Can I legally take the van now?
2 ANSWERS
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
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Hard to say since you mucked things up by 'drawing up your own papers' - had you not done that I'd say you'd likely have a much better claim to the van - as it stands now, simply taking the van could get you into trouble. Absent some new agreement with her - you are likely gonna have to have the Court decide.
Answered on Sep 23rd, 2014 at 12:15 PM
Child Custody Attorney serving Raleigh, NC
at
Palmé Law Firm, P.A.
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It depends on what the papers, old and new, actually say. If you are divorced and the van is titled in your name then yes, probably. At least you cannot steal something that is already legally yours so you wouldn't be arrested or charged with anything for taking the van (except trespassing if you had to go onto her property to get it).
Answered on Sep 18th, 2014 at 8:45 AM