Legal Question in Family Law in District of Columbia
Stop - thief!
hello. last march while married, my wife and i purchased an suv for me (i picked it out, chose the color, payed the eight thousand dollar down payment and subsequent payments AND she had a new one year old car). she only used her name to lower the apr. we are divorced now, but she keeps coming to my residence at night and taking my vehicle and now she says she wont give it back. i was in the process of registering my vehicle in D.C. i have taken her off of the insurance and her name is now off of the loan, plus the vehicle has been inspected in D.C. (she lives in MD.) the suv is still registered in MD though. is there anything that i can do, considering she has just taken my only mode of transportation?
1 Answer from Attorneys
Re: Stop - thief!
The issue of which spouse owns this vehicle and whose name should appear on the title should've been settled as part of the marital property division incident to the divorce.
However, in the unfortunate event that this never happened and both parties' names remain on the vehicle title, and you are unable to buy out your former wife's interest, then you're probably reduced to a kind of revolving "snatch and grab" scenario whereby each co-owner goes to the other's residence under the cover of darkness, of course, and removes the vehicle to his or her home turf and keeps and uses it as long as he or she can hang onto it until the other one comes to take it back, a scenario which could repeat indefinitely until some modicum of rationality emerges between the two disputants to finally settle ownership of this vehicle.
And it is worth bearing in mind that as long as your former spouse's name is on the title to the vehicle, she is as much a co-owner of it as you are and that that no criminal laws are broken nor involved in her taking this vehicle in the manner which you've described.
In other words, a strategy premised on Stop-thief!--
or an attempt on your part to invoke the criminal law to assist you with this matter will likely prove most unavailing.