Okay so say you are married and you have a truck but the truck has your name on the title and not your husbands. If there is a break up or separation of the relationship can the person who's name is not on the title legally come and take possestion of it? Does anyone know if there is a law on this???? Please help ASAP!!!!!
2007-11-08 06:20:43 · 15 answers · asked by Ethan 5 in Family & Relationships ➔ Marriage & Divorce
Ok here's the exact explanation of the problem. The truck is in my name and there is no proof who paid for it as it was paid by a joint account. He is saying that he is going to come to my work and take it back.
2007-11-08 06:38:58 · update #1
You need to talk to a lawyer that is in the state that you reside in.
Do not take any advise on matters this important from anyone on here.
Good luck.
2007-11-08 06:24:06 · answer #1 · answered by box of rain 7 · 0⤊ 0⤋
The name on the title is who owns the truck. If you are married, and separate, the only way to take that vehicle is by order of the court-property division order or decree.
No, they cannot legally take possession of it, nor can they register or license the vehicle. Go to your state's website, in michigan its www.michigan.gov, and search your state statutes under property laws. Sometimes, under family relations or family law, there will be helpful "frequently asked q & a" that address such subjects.
Until the judge awards the vehicle to the other party, it
belongs to the person who holds title. And, if there is a separation or divorce, the person who's name is on the title could tell the court that it was separate property, and then it would be up to the spouse that is NOT named on the title to PROVE that it was obtained during the marriage and should be declared joint marital property.
If there is debt attached to the vehicle, that belongs to the party named on the loan documents, too. Even if both spouses are named for the debt, that does not grant joint ownership rights to the truck. The spouse not named on the title could still be obligated to the debt, if there is one.
The vehicle is NOT a joint vehicle-unless the title reads in both names with 'joint rights to survivor' or something like that. You could also ask the same question at your local DMV or Secretary of State office-that would be the fastest way to get the right answer for where you live.
READ YOUR UPDATE: He can't. Tell him that you will call the police if anything happens to that vehicle. My husband's uncle had evidence he PAID for a truck out of his business account, but the truck was in his wife's name. She still has the truck. He went to JAIL when he tried to pick it up, and it is a business truck! They've been divorced a few years-she claimed it was a gift and she didn't know how he paid for it!
2007-11-08 06:31:05 · answer #2 · answered by Daisy 3 · 1⤊ 0⤋
You have your name on the title, you own it. No one can come and take it from you. He would need a court order to change the ownership. Or you would have to voluntarily do it. If not you own the vehicle, unless he can prove he paid for it, and you did not. Call a lawyer, they will answer your question for free. Motor Vehicle Bureau will tell you too.
2007-11-08 06:25:51 · answer #3 · answered by FILE 4 · 0⤊ 0⤋
Depending on where you live, everything is 50/50 Do you have another vehicle, kids, etc? Did you have the truck prior to the marriage?
If you have kids and no other car, then you should have the truck. But, in the courts, they will split everything. Unless, you have prior ownership.
2007-11-08 06:26:12 · answer #4 · answered by baybedoll1977 2 · 0⤊ 1⤋
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2017-01-06 07:54:37 · answer #5 · answered by ? 4 · 0⤊ 0⤋
There is definitely a law, but it does vary state to state. I believe that the name on the title is the sole owner, now if his name is on the registration and insurance card he can drive it legally and not be accused of theft, but he can not take total possession of it. So if you don't want him to have it or drive it, get his name off of the registration and off your insurance, if he takes it then, then you have legal right to press charges.
2007-11-08 06:41:28 · answer #6 · answered by Wannabe 2 · 0⤊ 0⤋
Until settle in court, you are the legal owner of the vehicle. But, contact a lawyer in your area to find out what your rights are.
2007-11-08 06:26:39 · answer #7 · answered by Denise P 4 · 0⤊ 0⤋
The person on the title is the person who ownes the vehicle.
2007-11-08 06:37:22 · answer #8 · answered by Rein 5 · 0⤊ 0⤋
the only person that can legally possess, sell, trade or mortgage against the vehicle is the person(s) on the title. Doesn't matter who paid for it.
2007-11-08 06:23:26 · answer #9 · answered by DeeDee 6 · 1⤊ 0⤋
You have the legal right to take the truck, but if he can prove he was the one that paid for it, you'll have to sell and split the profit.
2007-11-08 06:23:10 · answer #10 · answered by Kathy R 5 · 0⤊ 2⤋