Can my brother in law recover his own property (car) from his ex partner?
There are several issues here: 1. Does the partnership agreement say that any property on the lot is the property of the partnership? Or, does it say that the following property is “partnership property” – all cars, equipment etc., because it appears from the actions she took, that she BELIEVES the car is “partnership property.” If it IS, then the fact that your brother-in-law shouldn’t have registered the car in HIS name, but in the PARTNERSHIP name. You see, a partnership is like marriage in every way. What is HIS, is HER’S and visa-versa. She has JUST as much right to the car has he does, if it’s partnership property. The REAL question is, what does your brother-in-law own that ISN’T partnership property? If he is going to claim that the car is NOT partnership property, he is going to have to prove that in court, or give it to her. 2. The second issue here is: can he cut the lock off the steering wheel without liability? NO. Whatever he believes is his PERSONAL property, he must fil
