Legal Question in Real Estate Law in Georgia
Personal property retained by individual who says we owe him money.
I live in MD, have a problem in GA. My husband owns a small priv. airplane that his ex-father in law has stored in his back yard. He�s had it for over 7 yrs. He�s refused to return it, he says my husb. owes him $ for a car ins. policy he paid, for 1 yr for both my husband and the man�s daughter. During their marriage, he was military & she didn't work. 1 car was in her name- she took at the divorce & one in his name- he took. The father said @ the time of divorce that my husband owed $1000 for the entire ins. policy & wouldn't release the plane until he paid. Recently another family mbr. Spoke with the ex-wife, asked her about it, she said just to come get the plane. My husb. contacted the man & he said no, that my husb. now owed him $2k . Also, my husband paid over $18000. credit card debt that the 2 accumulated together, she has paid -0- towards. The ex- father in law has since learned what my husband does for a living, knows what he makes, which we think explains the $ increase. Shouldn�t the father ask the daughter for any $ owed as it was given to the her and her husband at the time. + my husband pd. the combined debt as it was in his name. She didn�t show at court for divorce & he was not able to sue her for the $$.
3 Answers from Attorneys
Re: Personal property retained by individual who says we owe him money.
This is pretty complicated to try to answer in this type of format. It sounds like you are going to need a GA attorney. The divorce papers need to be reviewed along with other factual investigation.
Re: Personal property retained by individual who says we owe him money.
Several questions and assumptions lie with your question. I assume your husband is a licensed pilot and that storage is arranged for the plane. If not, other arrangements could be made.
You ask about a claim against your husband that does not appear to be liquidated or reduced to judgment. A review of the cited divorce decree should be made.
Title work is needed where the plane is registered. Title may or may not need to be cured.
I am available should you require legal assistance.
G. Joseph Holthaus
(410) 799-9002
Re: Personal property retained by individual who says we owe him money.
Assuming your facts are correct and assuming your husband has clear title to his airplane, the plane is his. I would contact local GA law enforcement for the proper procedures to reclaim this property. The other issues don't have anything to do with this airplane and all that your husband should owe his father-in-saw (assuming the airplane title was not otherwise pledged) is reasonable storage fees.
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