QUESTION
What can I do if my husband is threatening to take both cars?
Asked on Mar 12th, 2013 on Divorce - Michigan
More details to this question:
My husband and I are recently separated but still married. Both of our cars are in his name. When still together he wanted my car which I purchased before we were married just dating and he wanted me to buy this car because he liked it then he had his car which he had before marriage but never drove always said it was my car. When we got married he convinced me to put my car in his name (suppose to be together forever) anyways when he kicked me and my daughter out of his house only said out of anger I moved out and took his car now he said he wants both cars since they are in his name and he don't even want his car just mine. Can he take both cars? I am going to file for divorce in the next few days and put the car or one of the vehicles (either or) in the papers does that protect me.
8 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you paid for the cars during the marriage they are partly community. Put both cars in the paperwork and ask for exclusive use and possession of the car you drive.
Answered on Mar 14th, 2013 at 2:32 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Thank you for your important question. The lawyers at Bruning & Associates PC will help you. You need to hire an experienced divorce lawyer. Generally, property purchased during the marriage and property transferred to the names of both parties during the marriage is marital property. You have a right to use all marital property. Therefore, you have full legal right to use both of the cars. You do not have to give the car you are driving to your husband. You are legally entitled to continue driving that car until a judge makes an equitable apportionment of the marital property. It sounds like you are being bullied by your husband. We can help. Please call for a free consultation.
Answered on Mar 14th, 2013 at 6:47 AM
Personal Injury Attorney serving Baton Rouge, LA
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Law Offices of Chris Cascio, LLC
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In the divorce petition, ask the court to grant the the exclusive use of one of the vehicles.
Answered on Mar 14th, 2013 at 6:38 AM
Accidents Attorney serving Boston, MA
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Kelly & Associates Injury Lawyers
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File for divorce. It is likely a car can be recovered through the divorce process. While legal recourse may take some time, it is possible a family law attorney might be able to work something out with your husbands attorney in the interim.
Answered on Mar 13th, 2013 at 5:11 PM
John Arthur Smitten
Along with the divorce papers you have to put in a motion for use of the car.
Answered on Mar 13th, 2013 at 5:11 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It sounds like you are planning on filing a divorce yourself. Please hire an attorney. If you file a court may enter a status quo order or even temporary support if you do it right but you probably will not unless you hire an attorney.
Answered on Mar 13th, 2013 at 5:10 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File for divorce and ask for the court to force him to title a care in your name.
Answered on Mar 13th, 2013 at 3:01 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Both cars along with all other property will be part of the divorce process. It is likely that you will each get a car but there are other factors that must be considered. Consult with an attorney to discuss this process further.
Answered on Mar 13th, 2013 at 3:00 PM