My husband took my car friday and hasn't returned it yet. I've missed my first day at work...and my counseling session in order to keep my kids. I tried to report my car stolen but they are saying it's community property. I want to know if it is still considered community property if I purchased my car months prior to marrying him? The bill of sale, title and registration is all in my maiden name when I first bought it. I really need some legal advice please. \n\nAdditional Details\n\nMar 12, 2006 at 9:20 pm\nMy cellphone is in the car and he is calling me but refusing to return my vehicle so that I may take my kids to school and so that I (the only person working) can get to my new job.
119122
I'm not a lawyer, but my mom's friend went through a similar situation. According to what they were told, if you have EVER given permission for your husband to drive this vehicle (or he had tacit permission), you can't report it stolen, even if the vehicle is in your name. You probably could report the cell phone stolen, but other than that (and this really stinks), you're probably out of luck. Maybe a lawyer will have better news. Sorry. :(\n\n<edit>\nYou wrote and said you didn't give him any permission to ever drive your car. I then went and did a bit of research online and found the link below. Basically, it says that, depending on where you live (laws vary from state to state), "(1) Community Property is Generally Defined in the Negative.  A married couple domiciled in a community property state is presumed to own all of their property as community or marital property, regardless of titling, absent:\n\n(a) An agreement to the contrary; or\n\n***(b) Proof that the property was brought into the marriage by either spouse, a gift received by either spouse, inherited by either spouse, or a spouse's separate property before the couple became domiciled in the community property state.  \n\nFurthermore, in Wisconsin, due to the fact that the marital property regime was recently enacted, classification depends heavily on whether the assets were acquired before or after "the determination date."  The determination date in Wisconsin is the last to occur of: (1) marriage, (2) date of establishment of domicile by both spouses in Wisconsin; or (3) January 1, 1986."\n\nSince you brought the car into the marriage and have proof in the title/registration that your car is, in fact, YOURS, I don't know why they won't let you report it stolen. You might call the district attorney's office and ask them. Best of luck!
86580
They can/will reposes the car, then sue you for the cost of the car and the reposession. But they cannot insure that the county aty will go after you, they can only make a reccomendation of action. But more likely they will go after you. If you dont' cooperate they will kick your butt finacially-Just cooperate and give them the car. It will be cheaper in the end and they may even give you a chance to get out of the contract.
224667
WOW, that is a good question for a tax attorney in your area as laws differ from state to state.  Hard to say without knowing if your state is a common property or what state.  usually consultations with an attorney are free the first time.  Wouldn't hurt to give one a call.  :)
195585
First, the trustee was saying that the lien on your car was perfected, which means the trustee wouldn't be selling your car in the bankruptcy.  Next you need to decide if you want to keep the car you already have.  Some questions that can help you decide that are as follows:\n\nHow much do you owe on the car?\nHow much is the car worth?\nWhy do you need to replace the car?\nWill the creditor allow you to reaffirm? (Reaffirm is to allow you to continue to pay on the loan you had before the bankruptcy.)\nIs redemption a possibility? (Redemption is the right you have in a Chapter 7 bankruptcy to buy the car for what it is actually worth, not what is owed on it -- I've attached the site to one company that will actually help you finance a redemption or a replacement vehicle.)\n\nIf none of these options work for you and you simply want to surrender your car to the lender, then you will need to work with any number of car dealerships and lenders that work with people coming out of bankruptcy.  My biggest beef with Stephen Snyder is he acts like Ford Motor Credit is the only decent lender out there.  This simply isn't the case.  Also, some have suggested that it is impossible to get financing while in your bankruptcy, this is not the case.  Many will wait until your discharge, but almost as many will finance you know that you have attended your creditor's meeting.\n\nFollow these simple rules and you won't go to wrong in your car shopping experience:\n\n1.  Check out the real value of the car you are buying through Kelly Blue Book or NADA.  You don't want to pay more than mid-book for your vehicle.\n\n2.  Compare the interest rate to the value of the car.  I knew one individual who purchased a $3500.00 car for $7000.00 because the interest rate was 7%.  A low interest rate does not mean a good deal.\n\n3.  Use Credit Unions, Banks or Major Auto Manufacturers Financing.  I've seen a lot of success with Toyota Motor Credit if the down payment is sufficient.  Avoid secondary financing institutions, ie Americredit, Transouth, WFS, etc.\n\n4.  Get your financing first before you go shopping.  Know what you have to spend and what you've qualified for, then it makes it easier to insure that the value of the car matches what you are paying.  To do this, talk to the finance office first before you look at cars.  Explain your situation and ask for specific terms.\n\n5.  Get as much of a down payment as possible.\n\nGood luck and happy car shopping.
22299
If you are legally married,you are entitled to half of his possessions, that is if you did not signed a Prenup. You can even get money for the time you have been separated, that is alimomy.Also the court will obligate the person to pay fully the amount owed for child sopport That is, The time that he never paid). It doesnt matter if you have not been together, legally you are his wife .
616882
From your description, no.  However, if you broke the contract the landlord will be looking for ways to screw you, and he could find in a way to suggest that your car was parked illegally on his property.  In that case, he would have to call the police and/or a tow truck, not just hide it in some undisclosed location.  What has happened here sounds like "Grand Theft Auto" or whatever you Americans call it, and you need to contact the police immediately to report your vehicle stolen.
397429
CarCraze --- you are wrong, sorry to say\n\nWhat you have there, my dear, is a bona fide Court Order for you to appear in court to answer to a Motion to Collect a Debt. If it is on Court paper and has a case number, call the Court to confirm the Docket Number, and find out when the hearing date is.\n\n\nYES, they do have that power.\n\nYES, That is the equivalent of a Subpoena.\n\nIf you "just let it ride", as you say, don't be surprised when you open up your paycheck and you find a good chunk of it GONE !\n\nWhat you should do:\n\nSeek legal counsel (get a lawyer) and come up with a manageable payment plan that is both satisfactory to your creditor, and workable for you.\n\nDON'T HESITATE - you will regret it.
87564
Well if you "gave" it to him he now belongs to him, because it is considered gift. If you directed told him as soon as you break-up it yours, it should be yours. I think it belongs to you since you bought it in your name. If you two aren't able to agree, you should take it to court. Hope you get your rifle back!
469939
Your story is very complicated i suggest that you see an AR lawyer specializing in estates.\nBelow is a brief outline of the law.\nThe property that each spouse brings into the marriage, that is, the property that s/he owned before the marriage, is considered to be "separate" or "non-marital" property. For the property to remain separate, the spouse must keep it apart from marital or community property; that is, s/he would keep it entirely in his/her name. Once the separate property has been commingled (mixed) with marital or community property, it becomes part of the marital property.\nFor example, consider a bank account with $10,000 in it owned by woman before her marriage. This woman then marries and both she and her husband regularly deposit their respective paychecks into the account and periodically withdraw money to pay for their living expenses. At the time of separation twenty years later, the bank account has $5,000 in it. Since marital property has gone into it (deposits of the paychecks and marital or community debts have been paid from it is impossible to trace the original separate property money from that of marital or community property. The result is that this bank account has changed from separate property to marital property.\nSome states, such as California, have a separate property rule that says that all property brought into the marriage, (including gifts and inheritance), that is kept separate and apart from community property remains the separate property of the spouse that owns it.
390651
Are you saying that you have been late on your payments?\n\nDepending on the documents you signed, in most cases a creditor has the legal right to use reasonable means to collect on a legal debt, or to obtain information that can be used to collect on a legal debt. The car lot's remark to the landlord can be interepreted in different ways, and it is debatable as to whether or not such a remark is injurious to you.  \n\nThe contact with the neighbor might be illegal if the company revealed personal information about you. For example, if the company said that you were a deadbeat and were not making payments for a car you purchased, then that is probably beyond the bounds of what is legally acceptable. However, if the questions were more generalized, such as asking the neighbor if he or she knew you and your wife, prefacing it that the neighbor was listed as a personal reference, such questioning is probably acceptable. It all depends on what was asked, and what personal information was revealed.
652114
Hi there. I edited a few books on bankruptcy several years ago. From what I recall, your answer depends on if you owe any money on the car (is it still financed) and did you exempt it from your list of assets in your bankruptcy filings?\n\nIf it's still financed and you exempted it (meaning you intend to go ahead and pay for it) then you shouldn't have to turn it over to the court. If it's paid off and you included in your assets to forfeit, then you probably have to do that before you leave the state. Either that, or go ahead and make your move and then return the car to your court asap. You can always fly back to Florida.\n\nI would call your attorney and ask him/her before you do anything else. You may find you can keep it. In some states, you're allowed to keep one vehicle provided you listed it as an asset when you filed. You may also find your vehicle has no seizure value for the court, in which case, they won't bother to take it.\n\nGood luck, whatever you decide.\n\nFiveStarAuthor@aol.com
384732
If they take the debt to court and get a judgment they can get a marshall to collect against his assets, possibly including the car.  (In some states an only car has some protection.)  However, it isn't like his old car where the seller had (presumably) retained a security interest (and title) and so didn't have to jump through as many hoops to get that asset.
113904
You don't have to own property to have a state tax lien. Basically what it means is he has unpaid state income taxes that are past due.  The state will put a "lien" on you which means they can take any federal tax return money you may get, or "attach" any property or income you have coming in the future until the past due taxes have been paid.  They can actually go and attach or garnish your wages until it's paid off too. Since you are his wife, they can garnish your wages too.  Employers tend to get upset with this stuff and in some states can even fire you for it.  I would contact your state tax collection people (you can look in the phone book under "(your state name)_______ State Income Tax")and find out exactly how much you owe.  Usually you can make an arrangement with them to pay it off in payments. As long as it's outstanding, you are getting hit with penalties and interest too, which can turn a relatively small amount into a HUGE debt in a very short time.   Trying to get anything on credit will be next to impossible also with that on your credit report.  The sooner you take care of it, the better!
81571
First, I sure get tired of folks responding to questions as if they were text messaging you; I wonder if they can properly spell anything. Second, each state has slightly different laws regarding personal property and tenancy. I also have a feeling you left a few details out; the owner of the property where your "house" or trailer was/is sitting on, is a rented space to you (Lessee) owned by the Lessor.  You must have recieved multiple notices regarding the issue of your back lot rent, and THEN it went to Small Claims Court.  The Judge in Small Claims must have had your "paid up" receipts of record, (if you bothered to show up)or not-if not, the Lessor (owner of the property) would have won the small claims case, then she/he (Lesor)would have had an additional request, through another court, at another date later, to request seizure of your property to pay the back owed bills.***** They can only do this if they have proved you had received Notices of these actions.**** The only way they could have had the utilities turned off is if they ended up owning YOUR property in this very legal way.  Seek free legal help from your community legal program; there is pro bono in just about every city in the USA.
119485
legally whoever name is on the title(just like a car) owns the trailer. that dosen't mean they don't owe you the appreciated value of it if they went back on the deal but you would have to sue for it! agreements are both verbal and written but still binding.
180739
You really need to touch base with a local attorney on this one.  I'm not familiar with PA law.  I took a look at the statutes and it's got me confused.  It does not really define what "personal property" is, nor does it even tell me if you can legally seize such property resulting from such suits, unless it was a "secured" debt.  \n\nIn Michigan and many other states, they can't take your furniture unless it was the furniture store who was the creditor, and they sued you.\n\nCredit Card companies would have to go after bank accounts, wages, or "real property" which is defined as real estate, auto's/cars/boats, or similar property that is licensed or deeded.  That way (I assume) they can prove you are the sole owner.  They can not seize a car if it's jointly owned, or bank account if they are joint.   \n\nBut PA may be differant, so chat with an attorney.
271784
Common law is shown as a legal status after 7 complete years of actually living together. However your 6 previous years before marriage are moot but anything bought before the marriage the he has brought into it with you, you may be intitled to percentages which increase if you have even ever paid or wrote a check for that beared your name.(utilities, mortgages, etc.) You then become an owner by association. Seek a qualified attorney as this she should have been aware of.