If I make the car payments but my husband is the only one on the car loan can he take the car from me? 11 Answers as of March 09, 2017

I am currently separated and I have a car that is in my husband name. I make the sole payments and maintenance on the vehicle.

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
The only way you can be sure that the car should not be removed from your possession is with a divorce action or if he agrees to it in writing(on condition that you continue to pay the note). However, once the loan is paid in full, you will want full title, again, your only way to insure that this takes place is in a divorce action.
Answer Applies to: New York
Replied: 3/9/2017
S. Joseph Schramm | Joseph Schramm
If you've saved the receipts for repairs and maintenance and if you can document the payments, you could ask the court to award you title to the vehicle as part of an equitable distribution claim.
Answer Applies to: Pennsylvania
Replied: 3/2/2017
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
You mention you are separated but do not indicate whether anything is filed with the court yet (legal separation or divorce). Technically the person whose name Is on the title is the owner (subject to the security interest while money is owed). Under Nebraska law, all property acquired during the marriage is marital property regardless of who is on the title and almost all debt is marital debt regardless of who is on the loan. If your spouse is threatening to deprive you of the vehicle, you are safest to make sure there is a temporary order in place to prevent him from doing so. You should visit confidentially about the specifics of your situation with a family law attorney.
Answer Applies to: Nebraska
Replied: 3/2/2017
John Russo | John Russo
Yes, if it is registered to him.
Answer Applies to: Rhode Island
Replied: 3/1/2017
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You should ask for use of the car and to make the payments in a motion for temporary orders. That's assuming a divorce or legal separation has been filed. If not, and his name is the only one on the loan, he can get the car.
Answer Applies to: Washington
Replied: 3/1/2017
    Law Office of John G. Galasso | John George Galasso
    Yes, if your name is neither on the loan or title; I would not make any further payments if he tells you he is going to take it back; Absent a signed separation agreement, that states you keep the car as long as you pay the debt; you have no legal right to the car.
    Answer Applies to: Ohio
    Replied: 3/1/2017
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    He can technically take possession of the car and then you would stop making any payments. If you want to keep the car in your possession and make the payments, you can ask for a court order in your divorce action for temporary possession and control of the car until your divorce case is final.
    Answer Applies to: California
    Replied: 3/1/2017
    Law Office of Robert E McCall | Robert McCall
    Cannot say for sure without a review of the documents but from what you say he probably can take the vehicle.
    Answer Applies to: Florida
    Replied: 3/1/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    That is a question which will be answered either by an agreement between the two of you, or a decision by the Court on a motion for a temporary order. It's almost always a good idea to hire a skilled lawyer.
    Answer Applies to: Wisconsin
    Replied: 3/1/2017
    Peyton and Associates | Barbara Peyton
    A police officer would have to honor how the title reads. To protect yourself, file papers with the family law court for divorce or legal separation and request confirmation of possession of the car to you in a Request For Order.
    Answer Applies to: California
    Replied: 3/1/2017
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Yes, whoever has their name on the title to the car is the owner and can recover it at any time. See if he will sign the car over to you and make you the sole owner.
    Answer Applies to: Iowa
    Replied: 3/1/2017
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