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

Orlando, FL |

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

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Attorney answers 3

Posted

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 not specific to your legal situation. Before you depend on legal advice, you should retain competent counsel.

Posted

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
www.jmplawyer.com
junior@jmplawyer.com

Legal disclaimer: This response does not create an attorney-client relationship. You should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about my qualifications and experience. Transmission of the information in this web site is not intended to create, and receipt does not constitute, an attorney-client relationship.

Posted

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 consult an attorney for advice regarding your individual situation. I invite you to contact me and I welcome your calls, letters and electronic mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established.

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