Can my husband take my car away even though its in his name?

[Member]

Jurisdiction

California

Roughly two years ago we traded in my car and purchased a new car for me. We put my car in his name due to getting a better payment plan. The car is registered in WA (that's where we were living at the time), however we live in California now for two years and he is planning on getting the car registered in CA soon. My husband and I are getting a divorce and he will no longer allow me to drive the car. Is he legally allowed to take my car away from me? If not, how do I get my keys back? We have not filed for divorce as of yet.

 

[mightymoose]

Regardless of how the car is registered, it belongs to both of you.
He does not have a legal advantage but appears to have physical control of the keys. He does not have to give them to you.
Division of property is something that will be worked out in the divorce. The sooner you file for divorce the sooner you can get court orders that compel him to release the vehicle and other property.

 

[adjusterjack]

My husband and I are getting a divorce and he will no longer allow me to drive the car. Is he legally allowed to take my car away from me?

To be accurate, he OWNS the car, you don't. And, since he has the keys, he can keep it from you (obviously).

However, it's community property which means that you are entitled to half the equity in the car, either in money or in some other offset of assets.

Whether you can be awarded the car in the divorce, or even get temporary possession ordered by the court, depends on the myriad of factors involved in your unique situation.

When you write "we are getting a divorce" what, exactly, does that mean? Have you or he filed the petition yet?

 

[Rita cortez]

Ñot divorce yet but separated now. I have car, there is no paperwork on who owns it.he want to take it away an sell it .I'm I suppose to give him the keys

 

[army judge]

My husband and I are getting a divorce and he will no longer allow me to drive the car. Is he legally allowed to take my car away from me?

In the 18th century, men could lawfully bully women, especially if the man and woman were married.

Your husband can't legally bully or abuse you, nor can you bully or abuse him.

If not, how do I get my keys back? We have not filed for divorce as of yet.

Luckily you and the bully reside in California.
California is a COMMUNITY PROPERTY state.

Tomorrow make three appointments with divorce attorneys near your residence.

An informed, clever attorney will take your case and make sure the bully pays the attorney's fees.

That same clever attorney will arrange for you to get the car back that the bully took from you.

Let us know once you've found your legal champion and how your case is progressing.

The bully makes me embarrassed and ashamed to be a man. SHEESH...

 

[adjusterjack]

Ñot divorce yet but separated now. I have car, there is no paperwork on who owns it.he want to take it away an sell it .I'm I suppose to give him the keys

I agree with the judge. Get a lawyer ASAP and file for divorce. There is usually a preliminary injunction that gets served on the respondent along with the petition that will order both parties to maintain the status quo. You can also ask for an order for temporary possession of the car. Lawyers know how to do that but make sure you instruct your lawyer as to what you want.