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My car is in my husband's name, but I am the sole user of the car. Can he legally take the car away from me?
Anonymous3 views3 answers
My husband recently contacted me informing me that he was selling my car to his cousin. I’m very upset because I paid the payments, and I believe that I own half the car since we are married. The payments are in his name, as is the registration. The insurance is in my name, and I am the sole user of the vehicle. Is it legal for my husband to take the car away from me?
We bought the car two years back when we were still married. We were married for nearly 4 years and co-habitated for nearly 10 years. We separated 6 months ago. He would not let me take the car during the separation and also broke my personal items (Beatles Collection).
I have used money from school loans for home improvements. The house was purchased 1 month prior to marriage. I'm a financially challenged grad student and I am having trouble paying for legal services.
Please help me. :(
Things that were acquired during the marriage are community property. Things that were acquired before the marriage are separate property. If you're getting a divorce, make sure that the judge understands that.
Sorry, but we cannot help you on here. The only way you can get help is by going into court for relief. It's usually a bad situation in divorces when a car is in one spouse's name and the other spouse wants to keep it after the divorce. It's possible that you may be able to keep it. You'll need to gather up proof of all the payments you have made and the insurance receipts as well.
You can have your attorney represent you on this matter, or you can try to do it yourself. Are you represented by a legal aid attorney? If not, seek resources at the local bar association websites and/or local courthouse and law library. Or just try Googleing for legal aid.
If the car was purchased with your or your husband's earnings during marriage, then it is community property. Your husband has a fiduciary duty to preserve community property (and/or its value) for the benefit of the marital community. If you're suffering financial problems and want to divorce your husband, you should go to your local Superior Court's self-help clinic for assistance in preparing your divorce papers and for advice regarding how to handle your divorce.
Once you have filed a divorce case and your husband has been properly served, the Automatic Temporary Restraining Orders on the reverse side of the Summons will apply to your husband, preventing him from disposing of your car. You need to have him served by a non-party who is over 18 years old. If you want to get your car back, you'll need to file an Order to Show Cause seeking possession, custody and control of your car. The self-help clinic should be able to assist you with that.
If your husband is earning a decent living, the Court could order him to pay some or all of your attorney's fees, provided your Order to Show Cause seeks attorney's fees and costs.
Regarding the home improvements to the home that was purchased a month prior to the marriage, if that home was purchased by your husband as his separate property, you may be entitled to reimbursement of the school loan funds that you used to pay for the improvements (since you will be liable for your own school loan repayment). But that is an issue for trial or settlement.
Also, to the extent that the mortgage was paid down during the marriage, the marital community would be entitled to reimbursement pursuant to the Moore/Marsden holdings. If the home was purchased in both names, that home would be community property, subject to various reimbursements.
You should consult with an experienced Family Law Attorney to determine, among other things, whether the attorney would seek an Attorney's Fee order from the Court requiring your husband to pay part or all of your attorney's fees.