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  #1  
Old 07-22-2009, 06:00 PM
330isom 330isom is offline
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Location: alabama
 
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Mein Auto: 2006 bmw 330i
soon to be ex stole my 330!

I know where my car is but my soon to be ex wife has both keys. I stopped at the tag office and got a copy
of the tag receipt. Can I get a key programed with the tag rec and the vin #? Police said
That its just as much hers as it is mine. Appears to be all hers at the moment.
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  #2  
Old 07-22-2009, 06:08 PM
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Orient330iNYC Orient330iNYC is online now
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Quote:
Originally Posted by 330isom View Post
I know where my car is but my soon to be ex wife has both keys. I stopped at the tag office and got a copy
of the tag receipt. Can I get a key programed with the tag rec and the vin #? Police said
That its just as much hers as it is mine. Appears to be all hers at the moment.
nope, car needs to be coded as well by bmw
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  #3  
Old 07-22-2009, 06:40 PM
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b-y b-y is offline
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Mein Auto: 328xiT & M roadster
Use the valet key ???
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  #4  
Old 07-23-2009, 05:51 AM
enc0re enc0re is offline
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Location: Michigan
 
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Mein Auto: 2004 325i
Quote:
Originally Posted by 330isom View Post
I know where my car is but my soon to be ex wife has both keys. I stopped at the tag office and got a copy
of the tag receipt. Can I get a key programed with the tag rec and the vin #? Police said
That its just as much hers as it is mine. Appears to be all hers at the moment.
How much longer until the final settlement is signed?
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  #5  
Old 07-23-2009, 07:54 AM
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Elias Elias is offline
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Mein Auto: 2012 650 Coupe
If the car is just as much yours than why is she allowed to keep both sets of keys that doesn't make much sense to me. At the very least there should be one key for each of you.My BMW is in my name only and thats how its going to stay.
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  #6  
Old 07-23-2009, 08:11 AM
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Jenna H Jenna H is offline
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Mein Auto: BMW 328
I would be tamping
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  #7  
Old 07-23-2009, 02:10 PM
bulwinkl24 bulwinkl24 is offline
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Quote:
Originally Posted by 330isom View Post
Police said
That its just as much hers as it is mine. Appears to be all hers at the moment.
possession is 9 tenths of the law.
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  #8  
Old 07-24-2009, 12:27 AM
ard ard is offline
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Location: Sierra foothills
 
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Mein Auto: '12 X5 35d/E39M5/996TTX50
So flat bed it to the dealer and pay to get it re-keyed.
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  #9  
Old 07-24-2009, 10:50 AM
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petener999 petener999 is offline
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So flat bed it to the dealer and pay to get it re-keyed.
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  #10  
Old 07-24-2009, 04:16 PM
BWM135 BWM135 is offline
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Location: Charlotte, NC
 
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Mein Auto: '08 135 CV
Oh my

Sorry to hear about your situation OP. The right to possess the car is a legal issue, and above all else you should get some advice from a competent family law attorney where you are. Where legal issues are concerned you should assume that anyone posting here is not qualified to give you legal advice (as I am not) and is just some dumbass behind a keyboard (as I am).

For the sake of discussion only, there are a couple of things worth noting that would (arguably) matter where I am:

1. When it comes to marital assets, title does not equate to ownership and the right to possession that comes with it.

2. The car is a marital asset if it was bought during your marriage, or if your spouse contributed to its purchase in some way (made payments on it, etc., in NC assets that have both marital and separate components are technically viewed as "Divisible" in nature).

3. As you found out, the police don't like to get involved in any issue that involves possession of marital property (or what might be marital property).

4. If the car is a separate asset, you should be actively working to get it back ASAP. Same if it's a marital asset that you were using day-to-day that your wife took to be vindictive. If she was driving the car daily and the car is "yours" in title only, I would let the car go for the time being and resist the temptation to lower yourself to her level. Its value will be accounted for in any distribution of your marital estate if you don't work things out.

5. As others have noted, if she has both fobs and won't return them the only way you're getting the car back is to have it flatbedded to the dealer and re-keyed. I expect the dealer will do that if everything is in your name, though I can't be certain. Expect your wife's unhappiness level to rise dramatically whether you are "justified" or not if you do this.

Anyway, you have some thinking to do. I hope things improve for you, if not get thee to a lawyer for a consult. And of course let us know what happens with the car.

Last edited by BWM135; 07-24-2009 at 04:23 PM.
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  #11  
Old 07-24-2009, 04:37 PM
ard ard is offline
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Mein Auto: '12 X5 35d/E39M5/996TTX50
Quote:
Originally Posted by BWM135 View Post
O you should get some advice from a competent family law attorney
$500

Quote:
Originally Posted by BWM135 View Post
Its value will be accounted for in any distribution of your marital estate if you don't work things out.
$15000

Quote:
Originally Posted by BWM135 View Post
Expect your wife's unhappiness level to rise dramatically whether you are "justified" or not if you do this.
Priceless



PS Why is it only attorneys say "this is not legal advice, you should get legal advice, but if I were giving legal advice, here is what I'd say"? (yes, I do know why... just a rhetorical question... )
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