property-access/control issue, and Spanish law treats it seriously because it’s effectively unauthorized possession of someone else’s property. Here’s a breakdown:

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Situation Summary

• Your car key has been taken by someone else (e.g., your husband) and not returned.
• You are unable to use your own vehicle, and this may also pose risk of theft.

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Legal Issues in Spain

1. Theft / Misappropriation (apropiación indebida)
   • If someone takes and keeps your property without consent, it may qualify as apropiación indebida(Spanish Penal Code art. 252).
   • The key is: you own the car, so the key is your property.
2. Obstruction of use / interference with property
   • Preventing someone from using their property, even temporarily, can have civil consequences.
   • You may claim damages if you incur expenses (e.g., taxi fares, alternative transport, rental car).
3. Pattern of control / coercive behavior
   • If part of broader domestic control or harassment, it strengthens cases in:
     • Civil court (family/divorce)
     • Criminal proceedings (domestic abuse context)

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Practical Steps

1. Document the situation immediately
   • Note date/time you noticed the key was missing.
   • Take photos if relevant (e.g., where keys were kept before).
   • Keep messages/emails showing you requested return.
2. Send formal request in writing
   • Send a WhatsApp/email or letter asking for the key to be returned
   • Keep proof of sending/receipt — this is evidence that you tried to resolve it peacefully.
3. Consider filing a police report (denuncia)
   • Explain: “My car key has been taken without consent, preventing use of my vehicle.”
   • Bring: Car ownership proof, photos of key if available, communication records.
   • Police may:
     • Record a report
     • Advise further steps
     • Mediate return or escalate to criminal action if necessary
4. Civil recourse for damages
   • If you incur costs (rental car, transportation), these are recoverable in civil court.
   • Keep receipts and evidence.

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Key Takeaways

• Ownership matters: Since the car is yours, keeping or withholding the key is unlawful.
• Documentation is critical: Messages, receipts, and timeline strengthen your case.
• Combination approach: Criminal report + civil damages claim works best if part of ongoing control/harassment.
• Do not attempt to forcibly retrieve the key — leave it to authorities to avoid escalation or legal risk.

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