Legal Question in Family Law in Virginia
Car in my name-Wife will not give it back to me.
My wife and I seperated on December 13, 2003. On this day I gave my wife permission to keep & use my car that is in my name alone (except the insurance coverage)until we met with my lawyer that drew up our seperation agreement. She refused to sign the agreement. We had a verbal agreement that once she met with my lawyer she would return my car back to me. She refuses to now return my car and she states that the car is 1/2 hers. What is my rights? We were married on 7/24/99 - seperated on 12/13/03. We can't be devoriced until 6/04. Thanks.
1 Answer from Attorneys
Re: Car in my name-Wife will not give it back to me.
Before resorting to litigation or other protracted steps to recover your vehicle, if the title is only in your name, I would simply go to
a place where you know the car will be parked(without your wife) and, utilizing your extra set of keys(which, surely, you must have), open the door, start the engine, and drive it off.
In matters implicating the law, one must be very careful about utilizing what is known as "self help". And, under no circumstances, if you do this, would you be able to use any force or threats to retrieve your vehicle.
However, if everything is as you claim, the above
described self help method would appear to be warranted and, obviously, the most expeditious in this particular situation as long as you
recover the vehicle exactly in the manner described.