My wife and I are separating.We have one car in my name. What are the laws?

Question

My wife wants me to leave but when I try to she raises hell about teh car that we have. The car is in my name but we got it after we were married. it was a gift so there is no investment in either side. She wants me to leave but then she goes nuts about the car. Should we just sell it and split the money or what?? I mean legally whose car is it? I don't care either way as long as I have a way to get around but she's teh one making such a fuss about it. PLEASE HELP!!!!

Answer 1

Having spent time working for the clerk of courts here. I can tell you that in over half of the states, gifts are considered separately from purchased property.

If the vehicle was a gift to only you, despite it having been given to you during the marriage, and as long as the vehicle was not titled in her name in any way, it is yours, and she has no claim on it what so ever. If, however, the vehicle was given to both of you, then it is property in common and must be split.

If the vehicle had been purchased, even if you only paid $100 for it, it becomes property in common and must be split. Fees to title, register and insurance are not counted when determining ownership, only funds paid toward the vehicle itself.

Answer 2

You probably need legal help with the car. If you live in a community property state then it doesn't likely matter whose name the car is in.

But more importantly, can't you rent a car for a while? Just give her the damned car and make things easier on yourself and her. The car is an asset and should go onto the balance sheet in the divorce. This is a lot of heartache in an already painful situation.

Rent a car and get out of there and try to begin your recovery process. Divorce is hell and you don't need to be spending your time and energy fighting over a damned car. Get out of there and get on with your life.

Talk to an attorney about protecting yourself because men can be taken for a ride in divorce cases. Sometimes it's the woman who gets screwed over but not often from what I've seen. You need representation.

Contact your friends and see if they can help you out with a temporary place to live so you can put your funds into a down payment on a car. Hang with your friends as much as you can. You'll need their support.

Good luck to you.

Answer 3

Legally the car is both of yours it was acquired during the marriage. And anything acquired during the marriage you both have to split or figure out who gets what. You may have to sell it and split the $, however do you have kids? If you do then a judge may give her the car, you need to call a lawyer and see what they say most likely you will have to sell it.

Answer 4

does not matter how lengthy they have been mutually if their no longer legally married. they could of been mutually for 35 years and that still does no longer propose something. if she isn't legally married to this guy and the vehicle identify isn't in her call then sorry she's lucked out. if the identify is in his sisters call then she gets the vehicle even with the undeniable fact that if the sister could desire to sell the vehicle at an fairly useful cost the the vehicle identify could nicely be transferred over to uncomplicated regulation spouse. different then that being an common regulation "spouse" is purely a identify like boyfriend or female chum no longer something felony in that. it may be great if the vehicle can visit uncomplicated regulation spouse yet whilst there could be felony movements in touch and vehicle identify isn't in uncomplicated regulation spouse's call yet sister's call then it may visit the sisters.

Answer 5

When my ex husband and I got divorced, I got the car. But that was only because he let me have it. He knew I needed something reliable to get our daughter around in. He's thoughtful like that. I'm not sure what the law is on this, but I think maybe the thing to do would be to sell it, and split the profit.

Answer 6

Laws vary by state so check with a lawyer. In my case, my ex had purchased a car, in his name only, after we were married. Because he was abusive to me and our daughter, he was removed by MPs from our home. My lawyer was able to tell the judge that because I had custody of our daughter and needed reliable transportation, I should get the better vehicle (the one he bought) while he kept the one in both our names, we were married and living in a community property state. He was required to keep paying for the vehicle until he started paying child support, which turned into almost two years. At that time, I was able to refinance the vehicle to my name and pay it off. Now it is mine free and clear.

Answer 7

In most states (and I cannot assure you this is the case in your state) if it was a gift to both of you then you both have an interest in it despite the fact that it is in your name. If it was a gift to you only then it belongs to you provided you have never put her name on the title. However, as with all legal questions, in order to be sure, consult a lawyer where you live.

Answer 8

It is registered in your name, so legally it is your car., although if she is on the insurance. I would advise you to take her off immediately. If she doesn't have one already, tell her to get her license and get her own wheels. Until a court of law tells you otherwise, I would just keep it, especially since she is telling you to leave. Also I was told once by a very wise divorced man, "The first one to move out loses."

Answer 9

if its in your name its yours

Answer 10

Talk to a lawyer. The laws are different in every state. My guess is the car is community property because it was received after the marriage occured.