Legal Question in Criminal Law in Colorado

Re: stolen car

If by "estranged" you mean he is not living with you, it may be, but even then, only if his intention was to keep the car.

If you have been sharing use of the car during your marriage, and you did not expressly forbid him from using it again, it probably isn't theft.

Here's a good test: call the police, let them know what happened. If the police arrest him, and if the DA files the charge, at least those folks will consider it stolen.

Before you do that, though, consider that such an effort probably won't bring you closer together, except in a courtroom, and if you have kids together, they may have some issues with mom trying to put dad in jail. Maybe not.

Good luck.

Re: stolen car

Well, that is up to a jury. But, if the wife did not give permission to use the car, then likely it is stolen. If the husband had a reasonable belief that he could use the car and planned on returning it, then maybe not.

Any facts that support a stolen car, such as broken window, broken ignition, owner yelling don't take my car as husband gets in and drives off, etc, make theft more likely.