Legal Question in Family Law in Washington
help
my husband and i are filing for divorce we had an agreement that he was going to put money in the bank acct. each paycheck and has not done so in 2 months. i want to know if i can go take his truck and sell it for the back bills he owes me. also can i file lost title and out it in my name?
2 Answers from Attorneys
Re: help
No, you cannot use self help measures such as attempting to sell his truck without a court order. In addition, filing for lost title just to get the car title in your name amounts to fraud which can land you in lots of trouble. What you need to do is seek a temporary order from the court ordering spousal maintenance and child support (if you have a child).
Re: help
Self help is high risk activity. Unless you are also listed on the title (which I presume you are not) you can not just take the property without risking criminal liability (theft). The act of filing for a lost title requires you to make an affidavit, and swear to the truth of the facts. If you falsly swear you may be engaged in fraud, and you may damage your credibility in future matters. Your best remedy for enforcing your agreement is to get the dissolution started. If you have not already filed and the petition and summons for dissolution of marriage you should do it quickly. Along with the petition and summons you should file a motion for temporary orders asking for child support and possibly spousal maintenance. You could enter the agreement as an exhibit and ask for a temporary order enforcing it.