Friend not divorced yet, husband wants car back

[zeratulo]

What is the name of your state? Ohio

I am posting this for my friend, she has come to me for advice and i did not know what to tell her. She moved out of their house 2 months ago, and is living 70 miles away from him. She moved because she claimed he was abusing her, but there is no legalities proving that fact.
She also has a child and was driving 70 miles to pick up/drop off her kid every week. she has since stopped, and kept her kid living with her after the husband moved a girlfriend in. and refuses to drive to bring him back.
The husband has now told her that he wants his car back (it was bought during the marriage, but the title is in his name) and she is afraid he is going to come take it and/or report it stolen. It is her only car, and he has another car.
Niether of them have filed for divorce, because of lack of money... what can she do?

 

[moburkes]

She can stop using her child as a pawn.

 

[zeratulo]

i'm pretty sure that she is not doing it that way, she has told me that he is the one that was using him as a pawn. he would make her do things, give him something back that she took, etc.. or she would not get to see him that week.

 

[Ohiogal]

i'm pretty sure that she is not doing it that way, she has told me that he is the one that was using him as a pawn. he would make her do things, give him something back that she took, etc.. or she would not get to see him that week.

No she is using her child as a pawn as she is refusing to return the child and let the child's FATHER spend time. When she goes to divorce court, the judge will slam her. Withholding a child from a parent is NOT a good thing. And he can take the car back and/or report it stolen. It is in his name. Though it may be marital property the police are not going to stand in the place of the court to determine that so they can arrest her for grand theft auto and she can sit in jail. While she is jail, daddy will have the child and if he were smart he would file for a restraining order against mom as well as request ONLY supervised visitation for her due to her refusing him access to the child.

 

[LdiJ]

No she is using her child as a pawn as she is refusing to return the child and let the child's FATHER spend time. When she goes to divorce court, the judge will slam her. Withholding a child from a parent is NOT a good thing. And he can take the car back and/or report it stolen. It is in his name. Though it may be marital property the police are not going to stand in the place of the court to determine that so they can arrest her for grand theft auto and she can sit in jail. While she is jail, daddy will have the child and if he were smart he would file for a restraining order against mom as well as request ONLY supervised visitation for her due to her refusing him access to the child.

OG...dad was apparently doing the same thing. If she follows your advice, she will be the one who doesn't get to see the child.

Its true that he can take the car if he can get his hands on it, but its absolutely UNTRUE that he can report it stolen. Its marital property at this point. I have that information directly from the mouth of an Ohio cop.

 

[Ohiogal]

OG...dad was apparently doing the same thing. If she follows your advice, she will be the one who doesn't get to see the child.

Its true that he can take the car if he can get his hands on it, but its absolutely UNTRUE that he can report it stolen. Its marital property at this point. I have that information directly from the mouth of an Ohio cop.

That is nice. But maybe you should ask him about the recent spates of news regarding cops in Ohio making these decisions regading what is and what is not marital property. They are NOT ALLOWED to do that. They have to enforce the law. The car CAN be reported stolen. If she wants a custody order she needs to file. If she continues to play this game she is going to regret it in court.

 

[Ohiogal]

i'm pretty sure that she is not doing it that way, she has told me that he is the one that was using him as a pawn. he would make her do things, give him something back that she took, etc.. or she would not get to see him that week.

Quite frankly she was NOT allowed to remove anything from the marital home without his permission. Or a court order.

 

[amborghini]

yea i have same kind of question. trying to figure out if i get a divorce and we make about the same income.we have been married for 8 years. the husband is in the military. we dont have kids or property together does the husband have to pay Alimony? on the online divorce paperwork it asks about Alimony and other confusing questions. i have a job now and live in a apt. so im not too stressed over money. if i live in florida and hes stationed in nebraska but hes orig from florida how does the laws work on making a decision when were in two different states? this divorce seems simple so i dont see that the law really needs involved. but i was lost on the Alimony subject. it would be great if someone could help me out this is all new to me.

 

[Just Blue]

yea i have same kind of question. trying to figure out if i get a divorce and we make about the same income.we have been married for 8 years. the husband is in the military. we dont have kids or property together does the husband have to pay Alimony? on the online divorce paperwork it asks about Alimony and other confusing questions. i have a job now and live in a apt. so im not too stressed over money. if i live in florida and hes stationed in nebraska but hes orig from florida how does the laws work on making a decision when were in two different states? this divorce seems simple so i dont see that the law really needs involved. but i was lost on the Alimony subject. it would be great if someone could help me out this is all new to me.

You need to start your own thread. This one belongs to zeratulo.

 

[racer72]

I seriously doubt the police would accept a claim that the vehicle was stolen, especially after 2 months.

Quite frankly she was NOT allowed to remove anything from the marital home without his permission. Or a court order.

Not true, she can remove any of her possessions without his permission. She also has rights to items necessary to maintain a household. Courts have been ruling for years that property belongs equally to both parties in a marriage, spousal servitude and the husband's rights to ownership of all property in a marriage went away with the buggy whip and zoot suits. The husband can make his claim to property ownership when the divorce is filed. This is a case that screams for the filing of a legal separation and to have a parenting plan put in place.

 

[amborghini]

You need to start your own thread. This one belongs to zeratulo.

i know but i dont know how to do that im new here.

 

[Just Blue]

i know but i dont know how to do that im new here.

Go to the forum you need and click on "New Thread".