Help, need questions answered if possible

**MartyWells** · 12-02-04 11:42 AM

My sister-in-law who lives in Kentucky is currently married to a guy from New York and after numerous crack binges, she was tired of him not being available as a spouse should be so he ran off back to New York. In the process, she allowed him to use her van, which was a very dumb mistake on her part I know, to take some of his stuff back to NY and now he won't return than van. It is registered and insured in her name in the state of Kentucky. The spouse has gotten another DUI and is now driving around Rochester on a suspended license. My sister-in-law wants to make sure that she is not liable for any damages he causes and would like to get the van back to Kentucky. What are our options? Thanks for any information on this matter.

**GoDirectly2Jail** · 12-02-04 11:44 AM

Uh, report it stolen? If he will not return property legally owned by her, he can be charged with grand theft.

**lindat2957** · 12-02-04 11:54 AM

File for the divorce and get the van given to her, through the courts, would be her best bet. We are a community property state, so he couldn't technically "steal" anything from her. So again, either courts or contact a lawyer.

**retdetsgt** · 12-02-04 12:12 PM

She needs to see a lawyer ASAP and get papers filed for divorce. If he crashes that van, she will be responsible as the legal owner. Unfortunately, as Linda said it's gonna be tough to get a stolen on something her spouse is driving. She needs a lawyer and a judge to build some sort of protection for her, even if it means she loses the van eventually. Such is the price of love......

**GoDirectly2Jail** · 12-02-04 12:58 PM

D'oh! That's what I get for skimming, I missed the married part.... yes, see the lawyer & get started on the divorce proceedings.

**acreature** · 12-02-04 01:05 PM

Originally Posted by GoDirectly2Jail

D'oh! That's what I get for skimming, I missed the married part.... yes, see the lawyer & get started on the divorce proceedings.

You've been neg repped for skimming!

j/k ;)

**ChesCopPodz** · 12-02-04 01:31 PM

There are 2 problems. One is that they're married. They both "own" the van, regardless of who's name it's in. The other is that she let him use it to go to NY. It isn't stolen. She knows who has it and let them take it, albiet longer than what she wanted, but it still isn't stolen. If they weren't married then she could possibly go after an unauthorized use charge. The fact that they're married means that until she gets a divorce, she's SOL.

**mcsap** · 12-02-04 01:33 PM

Besides the obvious divorce route, she can also "steal" her van back assuming she knows where it is. Since they are married, the van is joint property and neither can be charged for theft of taking it from the opposite spouse.

**acreature** · 12-02-04 01:35 PM

Originally Posted by mcsap

Besides the obvious divorce route, she can also "steal" her van back assuming she knows where it is. Since they are married, the van is joint property and neither can be charged for theft of taking it from the opposite spouse.

Most states are reciprocal also for DV orders. If reciprocal, and violence or safety was an issue during the "togetherness", one can obtain an Order, have the vehicle ordered back to the f/m, while awaiting for Divorce Proceedings.

Though this is NY and they are rarely reciprocal.

**MartyWells** · 12-02-04 02:13 PM

Could we go up to New York bring the van back to Kentucky? My sister-in-law is the legal registered owner and she has a set of keys. We don't want to do anything that is not right. She talked with a lawyer yesterday and was told about her liability. We are trying to get this issue with the van taken care of as soon as possible and then my sister-in-law will proceed with the divorce. Thanks!

**JD45** · 12-02-04 03:10 PM

Originally Posted by lindat2957

File for the divorce and get the van given to her, through the courts, would be her best bet. We are a community property state, so he couldn't technically "steal" anything from her. So again, either courts or contact a lawyer.

ditto^^^^

**acreature** · 12-02-04 03:14 PM

Originally Posted by MartyWells

Could we go up to New York bring the van back to Kentucky? My sister-in-law is the legal registered owner and she has a set of keys. We don't want to do anything that is not right. She talked with a lawyer yesterday and was told about her liability. We are trying to get this issue with the van taken care of as soon as possible and then my sister-in-law will proceed with the divorce. Thanks!

Yes

**acreature** · 12-02-04 03:14 PM

Or just cancel the tags and insurance.

**samseed101** · 12-02-04 03:27 PM

Report the vehicle missing / stolen. It's different here in Maine. You can report it stolen even if it was a spouse that has taken it. Although it may go out as a File 25 and not a File 1. But at least they will be on the lookout for it.

**codered** · 12-03-04 04:36 AM

I work in Kentucky, DO NOT report the vehicle missing/stolen(you will be prosecuted for filing a false report). 'lindat' , 'retdetsgt' and 'ChesCop' are correct as to how the 'property' is viewed in the eyes of the court.
Furthermore, if you wish to know how to 'regain' your property, refer your questions to a lawyer... 'this' is a Law Enforcement site.

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