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Can your husband be charged with auto theft?
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Can your husband be charged with auto theft?

We have been separated for a few months - I live in VA and he lives in Fl. He came up here and took my vehicle. The sheriff's dept says because we are still legally married he is entitled to half. The car is in my name - I make the monthly payments and we live in 2 different states. We can't I charged him with theft of my auto or unauthorized used?

I have seen enough of judge judy to know that you should bring him to judge judy he took the car its in your name and you make the payments for it and the insurance go to judge judy don't wait any longer

If I am not mistaken - and I could be, but provided that the vehicle is registered in your name, and all other documents concerning the vehicle are also in your name, then he should be able to be charged with unauthorized use, or something similar to that. He's entitled to half - what bull. What are you supposed to do, cut the car in half? Sure, if you got seperated, then a settlement order would take care of the problem one way or another. But, if you bought the car before you were married, then there is no reason that he should have any rights to it at all - depending on your local laws, of course. If it really bothers you, consult an experienced attorney about this and he/she can advise you.

The sherriff is being lazy. If the car and title is in your name only, Virginia is NOT a community property state where it automatically belongs to him, too. The sherriff just doesn't want to go through the hassle of reporting him to Florida. If his name is on the title or the loan, then you're out of luck. But if it's just yours, then you need to put up a bit of a fight. Until the assets of the marriage are divided, then that car is YOURS. Talk to the sherriff's department where he lives in Florida. (BTW, Florida isn't a community property state, either.) Just report the car as stolen, tell them who stole it, where he lives, and tell them you want him picked up for possession of stolen property. With a car, that's grand theft. You may have to go to Florida to pick up the car after it's impounded -- but at least you'll get your car back.

Nancy M
Your husband can't be charged because the two of you are still legally married. If you were divorced then you could charge him with theft. My ex did that to me while we were still married. I took the car and he called the police but they could not do anything to me as we were still legally married at the time. His name was also on the title to the car.

I couldn't charge my ex husband with it. We were married at the time. It's called marital property.

next time say he took it at gunpoint

answer machine
You can. Try it again or talk to the cops in his state, give them your plate number and report it stolen. Believe me he'll love you 4ever.

Are you legally separated? Did he have keys to the vehicle? Was it purchased during your marriage? If it is a marital possession then in a lot of states it belongs to you both. If he had keys and access then it shows you allowed him to use it. If you are not legally separated then you are still married and it belongs to you both.

GTO Judge
Legally he is entitled to half of your assets, but you are also entitled to half of his. Is there more than one vehicle? Let him take one so he has no reason to complain.

craig b
You can try all you want. He's still your husband and you're still married. All that is his is yours and all that is yours is his. Get it? All that is his is yours? If nothing else, get a restraining order or Order for Protection.

jeff b
Theft, probably no. Unauthorized use, probably yes. File a police report.

if the "property", in this case vehicle, was purchased during the marriage then it doesn't matter whose name is on the title or whose paying the note. check the laws in your state. good luck getting your car back. that stinks!

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