Question:
My wife and I are separated, but she has yet to serve me with the divorce filing. She has possession of the vehicle that is in my name and I pay for.
Do I have a legal right to retrieve the vehicle from her since we are still legally married, there are no court orders, and the vehicle is mine even though we both use it?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
Currently, based on the set of facts you have given, you are apparently being served with divorce paperwork to begin the process of the divorce. This would mean she has not served you with summons or notice of the suit, which in the jurisdictions I practice in, is required.
Therefore, as the vehicle is in your name, and no court order says otherwise, you can retrieve the vehicle until the court decides otherwise. You can have the vehicle towed as you are the owner, and you can have it re-keyed and stored.
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This may not look very pleasing to the court. However, without a court order stating otherwise, you do have a legal right to use your property. This does not mean that it may not be considered marital property by the court, though.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
