If I leave with my truck that was a gift from my husband to a dif state, can he file theft charges against me

Asked almost 3 years ago - Orlando, FL

He gave me the truck a year ago as a gift for mothers day

Attorney answers (3)

  1. Juna Madray Pulayya

    Contributor Level 15


    Lawyers agree

    Answered . This is going to depend on several factors. You should consult a local attorney so he or she can give you a complete legal analysis of your situation.

    JMP Law, P.A.
    Juna M. Pulayya

    Legal disclaimer: This response does not create an attorney-client relationship. You should not use, interpret, or... more
  2. Wesley Kent Hill

    Contributor Level 14


    Lawyers agree

    Answered . It sounds as though you are heading for a separation or perhaps a divorce. I think it would be wise to discuss your situation with an attorney licensed in the state of Florida. I am not licensed in Florida so this is just my opinion and you should not rely on my advice.

    As it relates to the truck, the first thing that I would consider is who's name is on the title. If your name is on the title then I think you would have every right to take it out of state. I would also want to know if there is a lien on the truck. If there is, you should notify the lender that the truck has been moved.

    If the truck is titled in your husbands name, I would be little more cautious. If it is titled in the name of a business that he owns, I would absoutely not take it out of state.

    It is doubtful that you would be charge with theft and you could argue that you have at least part ownership.

    From a family law perspective, a move like this could exacerbate your problems and set off a chain of events that could be avoided.

    Again, I urge you to talk to a local attorney before taking an action. Best wishes to you.

    This response does not create an attorney client relationship nor should the advice be relied upon because it is... more
  3. Perry L. Cameron Jr.

    Contributor Level 10


    Lawyers agree

    Answered . It would not be a theft if the truck was given to you. However, more facts would have to be ascertained as to whether the truck is marital property. You should consult with a family law attorney for any possible ramifications.

    DISCLAIMER Any information you obtain at this site is not, nor is it intended to be, legal advice. You should... more

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