I haven't been served yet, can I take my husband's truck

[DeFoe]

If that's what they told you, they're either incredibly overworked or incredibly clueless. Of course it matters - would they tell you the same if he cut your brakeline and you were severely injured? No, no they wouldn't.

Okay, now that mini-rant is over, here's the deal.

It sucks that you don't have transport. But the divorce has been filed and that generally creates a type of injunction preventing either of you from taking/removing/otherwise divvying up the marital assets before the court has spoken. This generally goes as far as bank accounts, too.

But you need to pick one - you're either aware of the divorce filing or you're not. It's not both.

Lol, point taken about picking one. He just told me he's "fixing" to drop the papers off, and that's all I got. So I'm just guessing and not really sure.

 

[OHRoadwarrior]

Time out. If the title is in your name, it is your truck. The finance company has a lien against it, enforceable against him. He may stop making payments though. He will almost certainly cancel the insurance. It will be up to the judge to make you transfer title as part of the divorce to him.

 

[Proserpina]

Time out. If the title is in your name, it is your truck. The finance company has a lien against it, enforceable against him. He may stop making payments though. He will almost certainly cancel the insurance. It will be up to the judge to make you transfer title as part of the divorce to him.

The car is in her name.

The truck appears to be in his name, with her on the insurance.

Though clarification would be good.

 

[Bali Hai]

The car is in her name.

The truck appears to be in his name, with her on the insurance.

Though clarification would be good.

OP should be aware that in Texas people have been shot attempting to steal property. The shooters were not charged.

 

[DeFoe]

The car is in her name.

The truck appears to be in his name, with her on the insurance.

Though clarification would be good.

Correct. Thank u for ur clarification and ur reply.

 

[DeFoe]

OP should be aware that in Texas people have been shot attempting to steal property. The shooters were not charged.

I didn't think it would b considered stealing,because it was purchased during the marriage and is considered community property? Are vehicles not included?

 

[Bali Hai]

I didn't think it would b considered stealing,because it was purchased during the marriage and is considered community property? Are vehicles not included?

For your safety, a court order and police escort to pick up the truck would be prudent.

 

[Proserpina]

OP should be aware that in Texas people have been shot attempting to steal property. The shooters were not charged.

Bali should be aware that if the truck is indeed community property, there would be no theft. You will not be charged for this PSA.

OP - While Texas is considered a "community property" state, sometimes it changes its mind about which bit of what belongs to whom and at what given time. Much may depend on what else is up for grabs.

(You think I'm kidding. I'm not. Srsly. Texas is weird)

 

[Bali Hai]

Bali should be aware that if the truck is indeed community property, there would be no theft. You will not be charged for this PSA.

OP - While Texas is considered a "community property" state, sometimes it changes its mind about which bit of what belongs to whom and at what given time. Much may depend on what else is up for grabs.

(You think I'm kidding. I'm not. Srsly. Texas is weird)

Ok technically there would be no theft. But OP would still be shot.

I for one wouldn't want to read the headlines, "Man Shoots Wife Mistaken for Burglar Trying to Steal His Truck".

No charge for this.

 

[Ladyback1]

Bali should be aware that if the truck is indeed community property, there would be no theft. You will not be charged for this PSA.

OP - While Texas is considered a "community property" state, sometimes it changes its mind about which bit of what belongs to whom and at what given time. Much may depend on what else is up for grabs.

(You think I'm kidding. I'm not. Srsly. Texas is weird)

Truer words have not be spoken!

 

[latigo]

the rules change after a divorce filing.

What changes occur on the mere filing that denies either their equal rights to the possession of marital property?

 

[CJane]

What changes occur on the mere filing that denies either their equal rights to the possession of marital property?

This.

Also, where is the truck - physically - right now? Does he have additional transportation?

 

[DeFoe]

truck

What changes occur on the mere filing that denies either their equal rights to the possession of marital property?

That is my thought. Thank u for ur reply.

 

[DeFoe]

This.

Also, where is the truck - physically - right now? Does he have additional transportation?

He is staying with friend and it is parked on the side of the road. I don't believe he other transportation, but then neither did I.

 

[latigo]

This (?).

Also, where is the truck (?) - physically (?) - right now? Does he have additional transportation? (?)

"Physically"? Do you mean as opposed to "spiritually"?

"Transportation"? What about the wife's means of "transportation"??!!!!

"Location"? Are you arguing that the whereabouts of a given item of marital property is a factor in determining spousal possessory rights?

Do you find it insignificant that the OP makes no mention of the existence of a pendente lite TRO giving the husband exclusive use of the bloody truck?