Is there a way to legally take the cars when I am divorcing my husband? 22 Answers as of October 28, 2011
I am leaving my husband. I need to take my car and my daughter, who is going with me, needs her truck. Both are in his name, but the insurance is in mine. Is there a way that we can legally take both vehicles with us and he can't take them back?Free Case Evaluation by a Local Lawyer!
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Law Offices of Paul A. Eads | Paul A. Eads
File for a disso and file an OSC re exclusive use.
Answer Applies to: California
Replied: 10/13/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
You risk your husband commandeering the cars back from you if you do not get court orders allowing you and your daughter the use of the vehicles in question. You should file a motion requesting possession and use of the cars.
Answer Applies to: California
Replied: 10/28/2011
Reeves Law Firm, P.C. | Roy L. Reeves
Ask for them in the temporary orders stage.
Answer Applies to: Texas
Replied: 10/12/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
The only way to take them without any chance that he can take them back would be for him to agree to you having them. Otherwise, taking them would be violating Georgia Standing Order (if a divorce has already been file); and they remain subject to equitable division regardless of whose possession they are in.
Answer Applies to: Georgia
Replied: 10/12/2011
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
Work in out in settlement. You can't just take them.
Answer Applies to: New York
Replied: 10/28/2011
Reza Athari & Associates, PLLC | Armand Fried
The cars are marital property if they were acquired during the marriage. The fact that they are titled in your husband's name does not mean you have no rights. Their disposition has to be determined by a judge if you can't come to an agreement with your husband. There is no magic formula for cars just because one needs the car but the court does take into consideration all factors. including need, who used the cars during the marriage, etc. One logical approach is to make some arrangement with your husband as to teh downpayment (for example, he gets credit for 50%) and you take the car and make all future payments due. Or you take the cars but he gets something of equal value that you have an ownership interest in. Just examples but that is how it is done.
Answer Applies to: Nevada
Replied: 10/12/2011
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
Vehicles purchased during the marriage are considered marital assets, your daughter's truck as well. The ultimate decision of who gets to keep what personal and real property is decided during the settlement phase of a divorce.
Answer Applies to: Arkansas
Replied: 10/12/2011
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
The vehicles are a marital asset subject to division between you two in any subsequent divorce proceeding. You should consult with an attorney before you do anything.
Answer Applies to: Florida
Replied: 10/11/2011
Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
They may be awarded to you in a divorce decree. After the final judgment of divorce is entered he may sign a bill of sale to you and you can get the title changed into your name. You will need to consult an attorney to make sure the decree specifically awards you the vehicles.
Answer Applies to: Alabama
Replied: 10/11/2011
Dunnings Law Firm | Steven Dunnings
Get an order from the judge handling the divorce. Your question suggests that you should hire an attorney.
Answer Applies to: Michigan
Replied: 10/28/2011
Linda C. Garrett Law | Linda Garrett
Yes-by court order or agreement by your spouse. (If agreement by spouse, get it in writing.) Without either, it would be unlawful for a divorcing couple to "take the cars." For practical purposes for pending divorces, when there are two cars-husband continues to drive car A and wife continues to drive car B. The, at settlement of case or court trial, the cars are "confirmed", by the court, to the respective parties-taking into account that the community assets and debts were equally divided.
Answer Applies to: California
Replied: 10/11/2011
Law Office Of Jody A. Miller | Jody A. Miller
You should be OK to take the vehicles. Since you are married, if they were acquired during the marriage they would be marital property and you should be entitled to use of them unless a court order say otherwise.
Answer Applies to: Georgia
Replied: 10/11/2011
Cody and Gonillo, LLP | Christine Gonilla
You would have to obtain court orders permitting you the use of these cars while the action is pending and then you would have to get them assigned to you and your daughter as part of the final orders.
Answer Applies to: Connecticut
Replied: 10/11/2011
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can take the vehicles, assuming that they are community property. Whose name the vehicles are registered in is not the controlling factor. If your husband has threatened to take the vehicles back if you take them, file an Order to Show Cause in your divorce case for restraining orders to grant you and your daughter exclusive use of the vehicles, and to restrain and enjoy in your husband from taking them.
Answer Applies to: California
Replied: 10/11/2011
Goolsby Law Office | Richard Goolsby
We generally recommend that, if possible, a person should first promptly see a divorce attorney before anything else. You can go over all the facts, along with your rights and options, with your divorce lawyer. Good luck.
Answer Applies to: Georgia
Replied: 10/11/2011
John E. Kirchner, Attorney at Law | John Kirchner
The safe way to deal with your situation is to file for divorce ASAP and get these issues resolved by the Court in what is called "temporary orders". This is a way to provide for a peaceful transition while the major property and support issues are being resolved. Legally, right now there are no limits on what you can do other than what overreaction your husband might do. If you and he cannot agree on things to prevent conflict, better to get things decided quickly by a court.
Answer Applies to: Colorado
Replied: 10/11/2011
Glenn E. Tanner | Glenn E. Tanner
In washington you can file for divorce, get an ex parte order giving you what you want for about 14 days, then ask for a temporary order getting you what you want. The temporary order will control until changed or a permanent decree giving you what you want is entered.
Answer Applies to: Washington
Replied: 10/11/2011
The Salas Firm | Ron Salas
If you purchased them during the marriage with marital funds, you may legally take them.
Answer Applies to: Colorado
Replied: 10/28/2011
Beaulier Law Office | Maury Beaulier
You may take a vehicle and your spouse's remedy is seeking an order in a divorce or legal separation proceeding. Regardless of whose name is on the title, police will likely view the matter as a civil issue.
Answer Applies to: Minnesota
Replied: 10/11/2011
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You should ask for this in the divorce lawsuit.
Answer Applies to: New Jersey
Replied: 10/28/2011
