Can I report my car as stolen if my wife took my car? 8 Answers as of April 27, 2016

My wife and I are getting a divorce. She is driving my car, but it is in my name only. She refuses to give me the car back. Can I report the car as stolen?

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
You can, but the police will not issue a stolen car report. They will refer you to the divorce action and your only remedy is the judge handling the divorce; and chances are he/she won't be thrilled with the application either.
Answer Applies to: New York
Replied: 4/27/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You can report it as stolen, but then you would be telling something less than the truth. That is never a good idea when dealing with law enforcement or the courts: you are free to keep your mouth shut, but you are not free to lie. If you live in a marital (=community) property State, your wife likely has a one-half interest in the vehicle regardless of whose name is on the title. Why not move the separation or divorce action forward, and seek an Order awarding you the car? Retain a good family law attorney: it's almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 4/27/2016
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
No. Just because it's in your name doesn't mean it isn't community property. You can make a motion to the family court to allow you use of that car if you have no other.
Answer Applies to: Washington
Replied: 4/26/2016
The Law Offices of Mandy J. McKellar
The Law Offices of Mandy J. McKellar | Mandy J. McKellar
You're still married so the vehicle is community property. You call the car in stolen, and there is no order that it is yours, this could lead to potential problems in your family law case. Especially if she is working and now had no ability to get back and forth. If you have two cars, and she has none, think of how this would look to the judge. I would bring this to the attention to your judge in the divorce case if it's bothering you that much, but greed and back biting is never a good thing.
Answer Applies to: Nevada
Replied: 4/26/2016
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
No, if you ever gave her permission to use the car while you were married, then it is not theft. It is an issue to be dealt with during the divorce proceedings. If you don't have an attorney, you should get one.
Answer Applies to: Florida
Replied: 4/26/2016
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Since there may be a community property nature to the car, it would be improper to file a police report claiming it is stolen. Please meet with an experienced family law attorney to explore your options.
    Answer Applies to: California
    Replied: 4/26/2016
    Law Office of Darin Kanfer | Darin J. Kanfer
    Call the police and explain what happened.
    Answer Applies to: Michigan
    Replied: 4/26/2016
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No, Wisconsin is a marital property state, she has equal rights to the car until a court says otherwise. File for divorce and a temporary order. Ask the court to make her give back the car.
    Answer Applies to: Wisconsin
    Replied: 4/26/2016
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