QUESTION

My husband bought a 1965 Thunderbird for me as a gift and now that we are separated he is refusing to give it to me.

Asked on Dec 19th, 2012 on Divorce - Oklahoma
More details to this question:
The title is in my name only. I allowed him to take it to Edmond, OK to his sister's house for his niece to look at. I had been considering selling it, to help me financially while we are separated until the divorce. It has been 7 weeks and he hasn't brought it back and he came in the house while I was gone and took the title. Can I file a police report if he doesn't bring it back. He also has my 2008 Harley motorcycle. I have found a buyer for the car and as I have Lupus and am unable to work, I need to get the car back as soon as possible. What steps can I take? I don't even know his sister's address.
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1 ANSWER

Matrimonial and Family Law Attorney serving Erie, PA
2 Awards
The best thing you could do is start an action for divorce or legal separation and have the summons and Petition served on him as absolutely soon as possible.  Since the title is in your name, theoretically he can't do anything with it, but I have had cases where one spouse forged another's to a car title and got a new title issued.  It then became a swearing match whether consent had been given for signing the other's name on the title.  Filing an action for Divorce or legal separation creates an AUTOMATIC TEMPORARY INJUNCTION that goes into effect against him (the non-filing spouse) as soon as the papers are served on him.  If you can get him served before he does anything with the car, he will be in contempt of court, and you won't have to debate whether you had given him permission to sign your name on the title. Under Oklahoma law it does not matter whose name is on an asset; if it was acquired during the marriage by joint industry and effort, it is a marital asset.  An exception is made for property acquired as a gift to one spouse and not the other, but you will have the burden to prove he intended to give it to you as a gift.
Answered on Dec 19th, 2012 at 1:24 PM

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