Legal Question in Real Estate Law in Florida

My boyfriend, who divorced his exwife 4 years ago due to her drug addiction, was under the assumption that his exwife has been clean since rehab and doing well. He allowed her to borrow his car only to take their daughter to the doctor. She never returned the car. Two days later the police picked her up on the streets and she admitted that she traded his car for drugs. 7 days have passed and the police still won't list the car as stolen. Even though her name is not on the car title, the police say because he gave her permission to use the car, what she did is legal and they can't help. What are we supposed to do?


Asked on 8/27/10, 6:58 am

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

When his child didn't return, did he report her as missing? Did your boyfriend inform the police of the fact that his child is living in a very dangerous situation? That he permitted a drug addicted ex to take his child to the doctor, instead of taking her himself?

Your boyfriend should report the claim to his insurance company. The ex-wife is "uncollectible" so he will not likely get any money from her. If the car was not in her name, then whoever 'traded" the car for drugs, has probably sold it for parts by now.

If he hasn't already done this, your boyfriend needs to go back to court and have his child removed from his ex-wife's care/custody, and placed into a safer environment. His child's safety should be his first concern at this point.

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Answered on 9/02/10, 5:21 am
Lesly Longa Longa Law P.A.

He gave her permission to use the car, but he did not giver her permission to sell or trade the car. The person on the title needs to sign it (was the title in the car), so I'm not sure how this is legal. File a police report and consult with a local attorney in your area.

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Answered on 9/03/10, 7:39 am


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