Advice please!!

Calimama wrote: I know you guys aren't lawyers but I was hoping maybe some one knows something.

My friend's husband kicked her out of their house. She took the car they share but the car is in his name and he told her if he doesn't bring the car back he's going to call the police and report it stolen. She is on the insurance however. Can she get arrested for that?? Also they rent the house together, so technically can he legally kick her out?? She's 7 months pregnant and they have 2 other kids!!

grandma replied: He can't kick her out, she should call the police.
He could call the car in as stolen. That's another reason she should call the police.

sparkys2boys replied: I agree on the car thing but really Denise she should call the police in this situation and then the landlord to to let them know what os going on just to be safe.

Danalana replied: Ditto!

Calimama replied: Thanks. I told her to call, hopefully she takes the advice.

lovemy2 replied: No - just because its in his name if it was bought during the marriage it is marital property - however you are in CA and I am in NY so I am not 100% sure if the laws are the same - but my guess is that that same rule in some form applies.....sounds like she is better off without him though.....

luvmykids replied:
In NM, we're 50/50 community property, BUT a jerk could technically report the car stolen and she would have to go to jail, bail out, and then produce the marriage certificate in court

Did she call?

Calimama replied:
I don't know. She isn't answering my calls. I told her she could stay with me if she needed too but no word so far. I guess we'll see.

lovemy2 replied:
Be careful getting involved in something like that especially with DH away - I worry about you

mysweetpeasWil&Wes replied: I have no idea. GL to your friend though, what an awful situation.

Twelve Volt Man replied: It would vary from state to state. Speaking only for NC, marital property belongs to both parties. That means it's not stolen, if one party takes the car. As stated before, he COULD report it stolen and fail to tell the police that it was his wife who took it. If that's the case, she'll find herself in a very unpleasant situation when she's stopped by the cops, at least until they get it sorted out.

And no, at least here in NC, he cannot kick her out.

Hillbilly Housewife replied: the car is common property...but unless she can prove she's on the insurance and married, he can call the cops and have it stolen. She should call the cops though, because even if she "agrees" to stay out of the appartment or whatever, she can have an escort go with her to pick stuff up, and they'll know she has the car.

if they rent together, if she's on the agreement she can stay..if she's not, she can't.

What a jerk.

(my mom's a divorce lawyer, just btw)

holley79 replied: A friend of mine and I were just comparing FL and CA laws. They are just about neck and neck. Everything is marital property. He CAN NOT call and have the car reported stolen. He also CAN NOT just kick her out of the home. Doesn't matter if her name is on the lease or not. They are married. That is her established residence.

Call me if you need anything sweetie. Is her DH military?

Crystalina replied: As far as I know he can not report the car stolen if his wife (whom he is not legally separated from has it. The same with the house. If they are fighting one may be advised (strongly) to leave but I doubt it would be the pg female. He can't kick her out. Haven't you ever seen 'War of the Roses'?

redchief replied: He can't kick her out of the house. He can't file a legitimate stolen vehicle report if his wife has the car. If he does report the car stolen knowing his wife has it, he's guilty of filing a malicious prosecution report. If the prosecutor in the town that receives the report is any good, then the officers may be sent to arrest him for generating a false report. While this is a misdemeanor in most places, it'll give him a taste of his own medicine, and hopefully a stiff fine, or even better, community service (I love seeing jerks in bright green vests and Gucci's picking up trash on the streets).

mckayleesmom replied: If she is military she needs to get on the phone with his commander...They will make him go stay in the barracks till the situation is solved....thats a huge no no.

mckayleesmom replied: He also can't report the vehicle stolen if he is the one that gave her the key.

lisar replied:
Thats the way it is here where I am in FL.