Can my husband take the car from me?

[bfreeman0890]

Jurisdiction

Maryland

My husband and I separated in October 2014. He moved to Texas in December of 2014 and left me the car as he had his own. He said then that as long as I made the payments we were good. I have made the payments all of 2015. Now he has decided he want to get a new car and he can't because the car I have is still on his credit. He wants to take it from me and sell it to get rid of it. The car was bought for me while we were together. It is in his name only, I just insure it on my own policy. The question is, can he take it back? And what about all the money I spent on it this past year? He hasn't helped me with much of anything. He doesn't pay on the credit card we have jointly from when we were together (I have not put anything on it either). He had agreed to help with those payments, half of each one.

 

[army judge]

My husband and I separated in October 2014. He moved to Texas in December of 2014 and left me the car as he had his own. He said then that as long as I made the payments we were good. I have made the payments all of 2015. Now he has decided he want to get a new car and he can't because the car I have is still on his credit. He wants to take it from me and sell it to get rid of it. The car was bought for me while we were together. It is in his name only, I just insure it on my own policy. The question is, can he take it back? And what about all the money I spent on it this past year? He hasn't helped me with much of anything. He doesn't pay on the credit card we have jointly from when we were together (I have not put anything on it either). He had agreed to help with those payments, half of each one.

His name is the ONLY name on the title, and the note.
Yes,he has the right to take his car.
The money you foolishly paid on his note, call it a wash.
The law would call it a GIFT.

 

[carolinagirl0890]

From what I have read online about marital property in the state of maryland, it is considered marital property because it was acquired while we are still married. Also, because I have made payments on it. So a court would be able to decide who would get it if I so chose to take him to court during our divorce proceedings.

 

[army judge]

From what I have read online about marital property in the state of maryland, it is considered marital property because it was acquired while we are still married. Also, because I have made payments on it. So a court would be able to decide who would get it if I so chose to take him to court during our divorce proceedings.

You're free to believe whatever you wish.

It's legally his car.
If he appeared tomorrow and drove (or hauled) his car away to Texas, all you could legally do is wave him, his car, and your money, goodbye!!!!!


Maryland isn't a community property state.

There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

Alaska is an opt-in community property state that gives both parties the option to make their property community property.

Good luck.

 

[ElleMD]

You are still married. He can do as he pleases with the car. The courts do not care. You mention separation. Do you have an actual separation agreement that was filed with the court (limited divorce)? Does this agreement specify the cars in any way? In Maryland, this is extremely common. If it is in an agreement, you follow the agreement. If you are just living apart with an eye toward divorce, you got nothing.

While in a divorce the car would count as an asset and you would be entitled to roughly half the assets from the marriage, that does not mean possession of that particular car would go to you. The value of that car gets tossed in the pot with other assets, and you get roughly half. That may mean if you are keeping the house and there is equity in the house, he gets more of the "stuff" you acquired. But this is at the divorce phase.