taking back a car after seperation

[cityguy]

I am considering taking back a car that is only in my name and was purchased before the marriage and I'll list out the circumstances as follows.

The car was purchased before the marriage, but was shared during the marriage. Also during the marriage a another car was given to us by my family. I ended up using the car given to us and she used the car that was in my name. Once she said she wanted to see other people, I was accommodating and stayed at a friends place for a while and did not take back the keys to the car in my name. Regret that decision, but I was torn up at the time. It has been a couple of months now and have repeatedly stated that I want the car returned, that it is separate property and she has no right to have it considered in any division of property with her taking the car that was given to us. I am concerned that she will not take good care of the car down the road in the proceedings. I am considering taking back procession by having it towed or having a locksmith come out and would like to have people provide any comments or experiences.

 

[army judge]

If things are as you say, you have the legal right to repossess the car in your wife's possession.

You should do so while it is parked on public property (on a public street, public parking lot, etc...).

You could do so on private property, but taking it on public property is much easier and safer.

You would be wise to contact the locla police just before you repossess it, or immediately after repossessing it, when you are in safe place to use the telephone and not break any local laws.

As far as the car that was gifted to you during the marriage, I'm not so sure that she's entitled to claim any rights to that vehicle.

You aren't divorced, and as far as I can determine divorce proceedings haven't begun.

Once they have begin, discuss the "gift" vehicle with your attorney.

I think you could make a good case to retaining both vehicle, but the "before marriage" vehicle is exclusively yours.