Legal Question in Real Estate Law in Virginia

I bought a vehicle from my friend. She is the only owner listed on the title. Her husband has the vehicle. I went to the DMV and titled it, registered it, and insured it in my name. I called him and asked for a meet so that I can obtain the vehicle. He refuses. He says that he is divorcing the wife and she had no right. He left her 3 weeks ago and no papers of any kind have been filed yet. She even thought he may return to their home at some point until last week. Either way, I have a title with me listed as the owner of this vehicle. What are my rights?


Asked on 9/10/10, 6:20 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

I believe that if it were me I would file what's called a Warrant in Detinue in the general district court for the return/transfer of personal property that is being wrongly withheld from its rightful owner. (The burden then would devolve upon

your friend's spouse to demonstrate that in fact the vehicle was marital property

to which he could assert a valid claim as co-owner.)

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Answered on 9/16/10, 7:54 am


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