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
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
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
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
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
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
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
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