Legal Question in Family Law in Idaho
ownership of a vehicle
my husband took out a vehicle loan for $21.ooo, for a truck for his girl-freind.the loan is thru a bank in his name only,but he put her address on it,he does not live there he still lives here.can i go and get the vehicle to bring home. i wasn,t sure if i had the right to since i am the one married to him. her name is not on anything having to do with the loan,title,registration,or insurace,its on nothing.the loan was taken out in Idaho,thats where the truck is,we live in Iowa. thank you
2 Answers from Attorneys
Re: ownership of a vehicle
You did not say whether you are living apart from your husband. If you do not have some sort of legal agreement in place he has obligated you despite the fact that only his name is on the loan.
To protect your rights you need to consult a family law specialist immediately. Self help is almost always inadvisable.
Re: ownership of a vehicle
Your rights to possession of your husband's personal property are governed by Iowa, and not Idaho law.
Additionally, if Iowa law would allow you to take possession of the property here in Idaho, you would need to be able to take possession either peacefully or by legal process.
Obtaining peacefull possession means without resistance from his girlfriendly- even minimal verbal resistance would require you to stop.
Legal process would require that you obtain an order from an Iowa Court, seek recognition by an Idaho Court (relatively simple to do), and present the order to the sheriff for execution.
You should (please read as MUST) consult with an Iowa attorney to see what the implications of your husbands actions are.
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