QUESTION
If I make the car payments but my husband is the only one on the car loan can he take the car from me?
Asked on Jan 03rd, 2017 on Divorce - Rhode Island
More details to this question:
I am currently separated and I have a car that is in my husband name. I make the sole payments and maintenance on the vehicle.
7 ANSWERS
4 Awards
You mention you are separated but do not indicate whether anything is filed with the court yet (legal separation or divorce). Technically the person whose name Is on the title is the owner (subject to the security interest while money is owed). Under Nebraska law, all property acquired during the marriage is marital property regardless of who is on the title and almost all debt is marital debt regardless of who is on the loan. If your spouse is threatening to deprive you of the vehicle, you are safest to make sure there is a temporary order in place to prevent him from doing so. You should visit confidentially about the specifics of your situation with a family law attorney.
Answered on Mar 02nd, 2017 at 5:33 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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He can technically take possession of the car and then you would stop making any payments. If you want to keep the car in your possession and make the payments, you can ask for a court order in your divorce action for temporary possession and control of the car until your divorce case is final.
Answered on Mar 01st, 2017 at 5:36 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Yes, if your name is neither on the loan or title; I would not make any further payments if he tells you he is going to take it back; Absent a signed separation agreement, that states you keep the car as long as you pay the debt; you have no legal right to the car.
Answered on Mar 01st, 2017 at 5:36 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You should ask for use of the car and to make the payments in a motion for temporary orders. That's assuming a divorce or legal separation has been filed. If not, and his name is the only one on the loan, he can get the car.
Answered on Mar 01st, 2017 at 5:36 PM
A police officer would have to honor how the title reads. To protect yourself, file papers with the family law court for divorce or legal separation and request confirmation of possession of the car to you in a Request For Order.
Answered on Mar 01st, 2017 at 5:35 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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That is a question which will be answered either by an agreement between the two of you, or a decision by the Court on a motion for a temporary order. It's almost always a good idea to hire a skilled lawyer.
Answered on Mar 01st, 2017 at 5:35 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Cannot say for sure without a review of the documents but from what you say he probably can take the vehicle.
Answered on Mar 01st, 2017 at 5:35 PM