Can my wife take my car if it is in my name? 20 Answers as of June 24, 2011

It sounds like it has become a part of the marital estate. It will be up to the divorce judge who will consider the reasons for the breakdown of the marriage in deciding how to divide the marital estate. Stay well.

It sounds like your car is your separate property. Your wife shouldn't have taken your separate property. However, if that was the car that she used during the marriage (i.e., if you had another car which you use), it is likely that the Court wouldn't order that she give that car back to you during the divorce. You can file an Order to Show Cause for orders requiring her to return the car to you, but I can't predict how the Court will rule.

I'm not sure what the real question is. If the question is whether at the end of the divorce will she be awarded the car that is in your name, the answer depends on what the court finds to be a fair and equitable division of your assets and debts. I don't know what the police would do right now if you reported your car stolen. You could file for divorce and seek a temporary order putting the car in your control until the divorce was finalized. The car appears to be your separate property but how is anyone to know that's the case until you establish that's true. Go to court, and establish it. But, I'd start with a free call to the police and see if they will arrest her for theft. Good luck.

Any property which you owned prior to the marriage is your sole property. The only exception would be if you took any action to make this property part of the marital estate (such as if your wife sold her car and used the proceeds of such sale to pay for a loan on your car).

If the car was paid for prior to the marriage, then it is a non-marital asset and would remain yours. If the car was not paid for, it is either totally or partially a marital asset that is subject to equitable distribution in the divorce (which means it may only be partially hers). However, the police will not assist you either way because you are married, and they will say that it is a civil matter and to hire an attorney. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available regarding your potential divorce. If you would like to coordinate a free initial telephone consultation, please contact my office.

You should seek help from an experienced divorce lawyer about your rights and options, as to the car and all other issues in your divorce. Simply because she took it does not mean she necessarily will keep it. Good luck.

No, she cannot keep the car. Hire a good matrimonial attorney and have him/her go after the car through the courts. Good luck.

Have there been any temporary orders entered by the court in your case? In a divorce, the court may give someone the temporary use of an item of property without regard to who is ultimately going to be awarded that piece of property. In terms of the final disposition of property at trial or settlement, that question depends upon what other property is there and how it is to be divided. In general, in Washington, all of the property, for separate and community is before the court. That means that the court has the power to award your spouse your separate property car if the court thinks that is the right thing to do. However, if there is enough community property for the court to reach what it regards as a fair division of property using just community property, it will usually do that. This means that you would get your separate property, your spouse would get her separate property, and the community property would be divided. If there is not enough community property, however, the court could award some of your separate property to your spouse or some of your spouse's separate property to you.

You might need to bring a motion for an order requiring her to return the car. If she still refuses, it may be best to take other assets in lieu of the car.

You need an order from the Court determining that the car is your non-marital property. If you are not able to prove that the car is your non-marital property, then the Court can award the car to you or her.