Would I be breaking any laws if I took a vehicles that is a marital property? 12 Answers as of February 14, 2014

Would I be breaking any laws if I took vehicles, that are in my name only, that were purchased during the marriage, and moved out while she wasn't home?

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
If there are no family court orders in place, such as the preliminary injunction that is entered when a dissolution petition is first filed, then there does not appear to be any impediment. However, in Arizona, even though the vehicles are titled in your name only they are still community assets. This means that you will have to account for the vehicles, and in all probability, have to pay your wife her fair value for her share of the vehicles. You should consult with an experienced Arizona family law attorney to discuss your situation.
Answer Applies to: Arizona
Replied: 2/12/2014
T.D. Stevens & Associates PLLC
T.D. Stevens & Associates PLLC | TD Stevens
The property is community property and will need to be divided once Divorce is filed. But, you can move out of the house and take the car, that would not be breaking a law.
Answer Applies to: Texas
Replied: 2/14/2014
Law Office J. Jeffrey Morris | J. Jeffrey Morris
If you have not filed for divorce, no, but if you sell them and keep all the money you will likely owe half to your soon to be ex-wife.
Answer Applies to: California
Replied: 2/14/2014
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
Marital property belongs to both spouses equally. Accordingly, if you took a vehicle that was marital property, you simply took your own property.
Answer Applies to: Florida
Replied: 2/14/2014
Law Offices of Frances Headley | Frances Headley
You may certainly take the vehicles with you but you can not dispose of them until you have a court order that they have been awarded to you in the dissolution.
Answer Applies to: California
Replied: 2/14/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Not breaking any law, but she is probably entitled to one-half of the value of those vehicles.
    Answer Applies to: Idaho
    Replied: 2/14/2014
    Kirby G. Moss PC | Kirby G. Moss
    If no restraining orders in place, you would not be breaking any laws. She could request the court for order that she has the use of one during divorce if she has no other transportation, however.
    Answer Applies to: Indiana
    Replied: 2/14/2014
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    No, not if she has a vehicle to use.
    Answer Applies to: Washington
    Replied: 2/14/2014
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Generally, while a divorce is pending each party will be allowed to keep using the vehicle that they regularly used before the parties separated. It certainly wouldn't look good to the Judge if you took all the vehicles and left your spouse with none (assuming there is more than one vehicle). You may not be breaking any law before there are orders, but it would be more fair to leave at least one working vehicle with each party until there is a settlement or your Judge decides who should get which vehicle from the marriage
    Answer Applies to: California
    Replied: 2/14/2014
    LEWIS & KAPPES, P.C.
    LEWIS & KAPPES, P.C. | Dallin David Lykins
    You may not be violating the law per se, but those vehicles could be considered marital property and could be factored in to the assessment while you and your wife are dissolving your marriage. Just because you take them does not necessarily mean you will get to keep them.
    Answer Applies to: Indiana
    Replied: 2/14/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    You are not breaking any laws. When a divorce is filed, the court will need to allocate that property, along with any other property. Until then, you are not breaking any laws.
    Answer Applies to: Ohio
    Replied: 2/14/2014
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