My wife and I are going through a divorce. I have temporary custody of our son but, she has our vehical and since our seperation she has gotten a redlight ticket and was involved in a hit run in which she fled thw scene due to no insurance or tag. Since the car is registered to me and her as a co-owner all the tickets and thw hit and run has came back to me as my responsibility. When i asked her to pay and take responsibility for it she told me to go to hell and laughed. My question is since the car is still in my name can i go get it without her knowledge?
2 Answers from Attorneys
You've made a slew of mistakes already. The biggest one is not having a lawyer. That is a guarantee that you will have a disaster at best.
The second is dropping insurance on a car you own. Why would you have done that? Not only can you be arrested for allowing her to operate a vehicle without insurance, a crime, but you may have violated the divorce court's standing order in letting it lapse. Getting the car likely ALSO violates that court order (which you are supposed to read and most courts have in every divorce).
Monday see a lawyer - make that your priority - and see what else you should have done or not done.
I cannot imagine allowing the insurance to lapse. Whether or not your wife had possession is irrelevant if you were also on the title. Is there a court order in place giving you temporary custody and your wife the vehicle? If so, it should have included who would be providing insurance. If she is in violation of the temporary order, you can file a contempt action. If there is no temporary order in place that tells me you believe you do not need an attorney. I suggest you immediately consult with and retain an attorney. Trying to save money by not retaining an attorney has already cost you a major legal and financial headache with the vehicle.
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