Legal Question in Family Law in Maryland

I live in the state of Maryland and would like to get a divorce. Between now and whenever I could actually get a divorce, I have a credit card and car in my name that my husband is supposed to be responsible for. He is not paying me for anything. And he never took the car to get its emissions test so the registration is suspended. I also removed him as an authorized driver from my insurance. There is only one key to the car and he has it. While he has an address here and I know where it is, he no longer as any means of income so I suspect his apartment will be putting him out soon. To my surprise, last we he appeared in California and I have no idea how long he will be there or what address he is staying at. I've looked it up and outside of a divorce, it appears the is no real way of getting the car back without him just giving it to me, and he won't do that and he wouldn't go with me to put the car loan in his name. Is there really nothing that I can do about this car outside of ruining my credit? Can somebody please answer me even if it is to tell me "There is nothing you can do."


Asked on 3/06/13, 7:36 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

If you are the sole registered owner of the car, you could file a lawsuit known as a replevin action which seeks a court order requiring someone holding another's property to return it to the lawful owner. The problem is you would have to post a bond for the value of the car and also you would have to be able to serve him with the suit papers. If he's planning on staying in CA that would be difficult to do, let alone enforce any judgment you got against him. To compound the problem, if he's driving the car without insurance and causes an accident in a state where the law holds the owner liable, you could be sued although you would be defended by your insurance and would argue "nonpermissive use" by him. To support that you ought to immediately notify him (email) that you demand return of the vehicle, that you have taken him off the policy, and that you deny him permission to use it. Unfortunately, it sounds like he is so irresponsible that he won't be influenced by any of this.

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Answered on 3/07/13, 8:00 am


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