What are my rights if my husband kicked me out? 18 Answers as of July 03, 2013

My husband thinks he is in entitled to my vehicle because it is in his name. He kicked me out of the home and now is trying to take my car. What are my rights?

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The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
The car is marital property, so you both have rights to it. However, to prevent you each from taking it back and forth from the other, you should file for divorce and ask for an order for exclusive use of the car.
Answer Applies to: Ohio
Replied: 11/7/2011
Alfred Law Firm
Alfred Law Firm | Janice Alfred
Because the car is in his name, he is considered the legal owner and hence can take it from you. Your best option is to ask the court to order him (or negotiate with him) to transfer the title to you during the divorce.
Answer Applies to: Georgia
Replied: 11/7/2011
Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
Your husband does not have the right to prevent your use of the vehicle or your occupancy of the marital residence during divorce proceedings, unless you have endangered the physical, mental or emotional well-being of your husband and/or children. Your husband is obviously abusive. You should file for divorce, seek an order to permit you to enter the home and to use the vehicle, and enforce any other legal rights you may have.
Answer Applies to: Illinois
Replied: 11/4/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Go to court & ask for the exclusive use of the car. As to the house, do you own or rent?
Answer Applies to: California
Replied: 11/4/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
If you are married and you are on the deed, you have a right to be in that house. Even without your name being on the deed, you can file a complaint for divorce in Family Court and request that you be given access to the house because you have no place to live. The Family Court Judge will also deal with the vehicle.
Answer Applies to: Nevada
Replied: 11/4/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You have a right to cohabit peacefully in the house. If he is threatening or abusive, you may be entitled to a restraining order for sole occupancy of the home.
    Answer Applies to: California
    Replied: 11/3/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Your husband can't kick you out if you don't want to go. You should consult with an attorney in order to determine your potential rights and options.
    Answer Applies to: Florida
    Replied: 11/3/2011
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    Generally, all property acquired during the marriage is considered to be joint property and equitably divided regardless of title. You require a temporary court order to prevent the selling of any assets and that way you will keep your car until a judge divides your property and debts. Generally, an ex spouse may have to continue to pay the payments on the other's car until the wife is financially stable enough to make her own payments.
    Answer Applies to: Kansas
    Replied: 11/3/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    There is no good way to predict with certainty, with such little information, what specific items of property either of you are going to end up with. This, at least in part, is because of the statute, which says that the court is just support to make a fair and equitable division of all of the debts and property. So, no one can really make serious predictions about specific items of property without knowing more about ALL of the debts and property, among other things. However, on a temporary basis, if there are two cars, and, if you both need a car to get two and from work, then, I would think that the court would likely rule that each of you should have the temporary use of one of the cars. My advice would be to hire an attorney to get the case started and set of a hearing for temporary orders.
    Answer Applies to: Washington
    Replied: 11/3/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can ask the court to put you back in the home and to have access to the vehicle in a temporary order hearing.
    Answer Applies to: Washington
    Replied: 11/3/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    If the vehicle is in his name only, your rights are limited until a Judge gives you some relief - if you call the cops, the only question they will ask is whose name is on the title. A Judge on the other hand, wants a fair division and does not want either side to have an unfair advantage just because of names on titles. As for the house, is it your house, his house (did either of you own it prior to marriage or inherit it)? Or is it both your house - in which case, you are entitled to call a locksmith and gain entry - that may not be the safest thing to do, I do not know your husband. A Judge on the other hand can order your husband to split his salary with you so you have resources to find an apartment, order him to let you in the house and to not harm you when you get there, or even order him to vacate the house and go find another place to live in the interim. Bottom line, hire a lawyer now, get before a Judge now. You most definitely want to get control as soon as possible, if you sit back and play the role of a victim you will become a victim.
    Answer Applies to: Texas
    Replied: 11/3/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If your name is not on the title, then he is the sole owner. Hire a lawyer and file for divorce.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    Absent a prenuptial agreement, anything used to benefit the marriage becomes part of the marital estate and must be divided among the parties upon divorce. The car is part of the marital estate as well as anything else used to benefit the marriage. Most attorneys can structure a property settlement during a divorce so that property is divided which may or may not include each party leaving with the car they used during the marriage. I would say there is probably more property in your marriage besides the ONE car and a property settlement could include you receiving the car in exchange for giving up something he wants to keep as well. This could include furniture, his car, his savings, his guns, etc.
    Answer Applies to: Alabama
    Replied: 11/3/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    See a lawyer immediately, failure to do so may be a waiver of your rights.
    Answer Applies to: Alabama
    Replied: 11/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You have no rights until you get a lawyer and file a divorce. Then you can seek what you are entitled to.
    Answer Applies to: Georgia
    Replied: 11/3/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    On paper, the car is your husband's - not yours. So, to secure your rights to what is otherwise "marital" property you need to file for divorce and get the issue resolved as part of the divorce case. Until a court rules that it is yours, there is nothing much you can do.
    Answer Applies to: Colorado
    Replied: 11/3/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    File for divorce ASAP.
    Answer Applies to: New York
    Replied: 7/3/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the car was acquired during the marriage, it is marital property and you both have rights to it; it does not matter in who's name the car is titled.
    Answer Applies to: Georgia
    Replied: 11/3/2011
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