QUESTION
Can I sell car and report stolen to recover from absent spouse?
Asked on Sep 04th, 2013 on Divorce - Washington
More details to this question:
I am filing for a divorce as soon as I can come up with a retainer. My wife left me with the kids, unpaid bills, and no money in our accounts. She took the only functioning car with any value with her. I am wondering if, in order to settle my debts, I can sell the car (title is in her name 'OR' my name .. not 'and') and let the buyer report it stolen if she refuses to turn it over after Title transfer has occurred. I know I'm going to have a hard time finding a buyer in those circumstances, but I am running out of options financially and would certainly entertain a "short sale" in order to get out from under debt and avoid foreclosure and utility shut-off.
3 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, I think it sounds like a scam and so would a judge or a police officer.
Answered on Sep 05th, 2013 at 12:33 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Why not simply go find the car, use your spare key (if you have one), and drive it home, and then sell it?
Answered on Sep 05th, 2013 at 12:32 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No you can't report a car stolen that she clearly has a right to. Once you file, you can ask the court to determine who gets what assets and what debts. Meanwhile, if you're not working, you need to find whatever job you can get. Each of you will be responsible for a share of child support. If you have the children the majority of time, the transfer payment will go to you.
Answered on Sep 05th, 2013 at 8:18 AM