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How can i retrieve my car and my husbands personal belongings from his mother thats refusing to turn it over to me?

Plano, IL |

My husband and i had a dispute and his things were taken to his mothers house as well as my car. Since then my husband has went to jail and we have reconciled, he has been telling his mother to give me his things as well as my vehicle but she is refusing to do so. I am wondering what can be done for me to get his things as well as get my car. The car is in my name, my maiden name at that because it was purchased before we were married.

Attorney Answers 3

Posted

Go get a court order to have your things turned over. If there is no case pending, call the police and get help from them.

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8 comments

Asker

Posted

Myself and my husband wasnt divorcing so there is no case pending from that point. Is there some type of order that i can file to have the things turned over?

Judy A. Goldstein

Judy A. Goldstein

Posted

Yes, but you probably need help from a lawyer as you will need to go to court.

Asker

Posted

Would this be an expensive process?

Asker

Posted

How fast can it be done and also would this lead to me having to divorce my husband or can these actions be taken on with his mother since she is the problem?

Judy A. Goldstein

Judy A. Goldstein

Posted

I do not have a crystal ball. Please go speak to a lawyer.

Asker

Posted

Well i thought that you were a lawyer

Asker

Posted

But i guess you are far so i will look into finding someone closer, thanks for your answers

Judy A. Goldstein

Judy A. Goldstein

Posted

I am a lawyer. You need to speak to a lawyer in person.

Posted

Involve the police to get your car and items back if the mother gives you problems

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Posted

Call or write your mother in law and have your husband do so as well and tell her she needs to give you everything within 24 hours. Tell her you don't want to do so, but if she continues to refuse, you will call the police and ask them to escort you to get everything. Be ready to show proof of ownership with the title and registration and proof of insurance for the car.
If the police will not assist then you need to prepare and file an ex parte application, declaration for you and husband and a notice of lodgment with the paperwork or exhibits proving ownership and get a court order for mother in law to release the property. Whatever you do, do not get into it personally with your mother in law and get yourself arrested or damage the relationship beyond repair. As bad as it may seem now, she is still your husband's mother.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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