Can my wife take my car?

First, you have to determine whether the car is marital or separate property. Next, was the money used to purchase the car earned during the Marriage or separate funds. Also, do you have other documentation which supports your contention that the car was intended for yourself. Title alone does not necessarily equal ownership in a marriage. There are other considerations as well. A consult with a family law attorney should be considered.

Because North Carolina is not a title state when determining whether property is marital or separate, the car is marital property. You currently have possession of the vehicle and are entitled to maintain possession of it. However, since the title is in her name, law enforcement and other agencies are not going to get into the classification of the property as marital or separate. If she was to take the car, or try to sell the car, she would be able to do it and law enforcement would not stop her. What you need is either a separation agreement or an equitable distribution order that awards you the car and requires her to re-title the car in your name. Until then, it has the potential to become a free-for-all with possession of the car.