Family Law

questions & answers

Question: What rights do I have on truck title if mine and my ex's name are on title and he in jail but his parents will not give me the truck back.

Answer: Your rights to the vehicle will depend on many factors including but not limited to, how you gained title to the vehicle and whether your ex has permitted the use of the vehicle. Under Arizona Statute 13-1802, theft occurs when a person, without lawful authority, knowingly controls the property of another with the intent to use it or keep it permanently in his or her possession. If your vehicle has been taken and you can prove that you are the rightful owner through registration, title, etc., you may want to call your local law enforcement agency for help with getting your vehicle back. It is unclear from your question whether your ex gave his parents permission to use the vehicle in his absence. Because you share title, if he did, this may be deemed a permitted use of the vehicle. If the vehicle was awarded to you as part of a divorce decree or other family law/ civil matter, then you may have to file suit in civil court to enforce the judgment that gave you ownership of the vehicle. Forms to file a Petition for an Order to Enforce Property Division can be found at the Superior Court Self-Service website. You may want to consult an attorney for further details http://www.azlawhelp.org/accessToJustice.cfm#