Legal Question in Civil Litigation in Virginia

A friend is being sued by her estranged husband. They have a vehicle that is jointly owned, but that she had possession of. She lent her car to a friend who ended up stealing it. The car was recovered a month or so later out of state about 5 hours away. The detective on the case told her that if she picked up the vehicle, she would not have to pay the impound fees. Her estranged husband chose to ignore this, and instead, went down to recover the vehicle himself. He is now trying to sue her for the expenses he incurred during the trip including the impound fees that would not have to have been paid if he let her go get it. Furthermore, their separation agreement says she has possession of the vehicle, which he would not give back to her after getting it back. The only reason he went to get the vehicle was because he didn't want her to have it anymore. Had he just let her get the car, he would not have had any expenses incurred. Does he have a leg to stand on? Is there anything in Virginia law that she can bring up to help her fight this claim. They are still married.


Asked on 1/26/12, 12:23 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If the separation and property settlement gave this friend the right to

possess this vehicle, then that right continued even after the vehicle was stolen

and the friend's husband had no right superior to hers to go and retrieve the vehicle without her permission from the police impoundment yard and then claim that he's entitled to be reimbursed by her for his expenses which were unnecessarily and gratuitously incurred.

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Answered on 1/26/12, 5:53 pm


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