Home Law Blog Can My Husband Take My Car If It’s In My Name?

Can My Husband Take My Car If It’s In My Name?


That depends If you purchased the car with your hard-earned money and not from joint capital, or ‘community capital’. And you brought it into the relationship. In that case, he cannot take it and it is unlikely the court would touch it if you were taking divorced in a community property state. Can My Husband Take My Car?

After the divorce of a couple, every asset and every debt has taken in account. All assets generally split in equal manner. That may or may not in an equal manner. However in some states have “community property states, where the assets divided in 50 -50 manner. Assets include cash, home, household goods and Car. Whether a husband can take a family car that depends on several factors.

While pendency of Divorce Can My Husband Take My Car

Some of the states having a waiting period between six months to two years before they get a divorce. And it is important to divide some or all of the property before the divorce.

In some of the states, the couple has to file a separate agreement. The separate agreement is binding between the parties that allocate the assets.

Community Money [Can My Husband Take My Car]

If, however, the car bought after the marriage and ‘community funds’ used to pay for it. In other words, you contributed from the joint account of both you or you purchased on a joint loan account. In this case, the answer is yes, that car would subject to ‘divided’ in a divorce in a community property state – despite whose name it in the title and who makes the payments.

Some of the state where they do not have ‘community assets’ laws and community funds used. In that case, he may argue in a divorce and it helped him to pay for it too. And if the payments made out of a joint bank account, he would have an contention and then the judge may say you have to buy out his vested interest.

Different between Marital and Separate Property

In most maximum states, the parties authorised to whatever property they purchased to the marriage. As such, if the family car belonged to the husband earlier to the marriage, it is possible he can take the car while the divorce. This is also correct for most other types of premarital assets. Moreover, if the car presented to the husband during the time of the marriage, they are likely also authorised to take the car during the divorce.

When Couples Don’t Agree

If the couple does not accept on the division of property, which includes the family car, the judge must decide the matter. However, in some states, parties must visit obligatory reconciliation before their case will be heard by a judge. The purpose of mediation is to try to settle the parties’ differences without the help for court interference.

Illustration – Can My Husband Take My Car

If my KIDS ‘own’ my home. the home belongs to the trust, and they are the beneficiaries of the trust. I am allowed to live there as long as I am alive because the trust is not disseminated until that time. S0 if I were to remarry in my community property state (texas), and it did not go well and the little gold digger has any thoughts of ‘making the sale of a house to get a quick money – some young woman is going to be in for a surprise because I do not own the house, so it can’t be a community property.

Titles of the Car

If the car is shared assets, the judge can award the car to the husband or the wife, despite whose name is on the title.

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