Legal Question in Family Law in Texas

I live in Texas. My wife and I split up a little over a year ago. We have not filed for divorce yet. She left our home and ultimately moved to Maryland. She took with her one of our cars. However, the title is in both of our names. She took the car to a dealership, who allowed her to trade it in and leave the dealership with a new car. She told the dealership that I was abusive so she had to flee the state and needed to sell the car asap because I was angry that she had the car (this is what the dealership is telling me). The dealership acknowledges that they knew that I was on the title as well. The problem is, they already paid off the loan that was on the car. But my name is still on the title and I never consented to her selling it. Legally, what are my options? Ultimately, since the car was half mine, I'd like it back. Incase it matters, she purchased the new car on Febuary 3rd of this year.


Asked on 3/09/11, 7:09 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You can sue the dealership for conversion (after you make written demand on the dealership to return your car to you), but that would be a suit that you'd have to file in Maryland. You'd name your wife as a party. And you'd spend lots and lots of money in legal fees.

Better yet: sue for divorce here in Texas, and allege in the petition that she dissipated community property, and that you should therefore be awarded more than 50%.

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Answered on 4/15/11, 1:11 pm


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