Division of Property

[Tslj2]

Jurisdiction

North Carolina

Recently separated. Both vehicles are in my name. Told husband, soon to be ex, that he has until the end of the month to put it in his name. We're still making payments. He's paying me every month for it. Do I have the right to come get it back if he doesn't have it in his name in time?

 

[ElleMD]

If it is in your name, it is your vehicle. Consult your counsel before acting if you intend to take any action which is contrary to a current court order or legal document.

 

[Tslj2]

If it is in your name, it is your vehicle. Consult your counsel before acting if you intend to take any action which is contrary to a current court order or legal document.

We don't have any court orders. We have been separated for almost 3 months. Neither of us has the funds for a lawyer to file for a legal separation.

 

[ElleMD]

It is your car so you can do as you like with it but if it is in your name, YOU are the one who must transfer it to his, not him. While you can gift a car to someone, imagine if all it took to claim a car was possession. Every car thief in America would have a fleet.

 

[jayh991]

If you do not have a court order then I suggest holding off on taking a vehicle. Although the vehicle is in your name, since you are still married it is a joint asset. Unless you can show the vehicle was never intended or used by your husband (which you can't since you admit you wanted him to have it), then it is joint property.

You need to work with him and DMV to get the title transferred to him. If he fails to do it by the time you get a formal separation agreement then you can argue to possession of the vehicle at that time. If you take it now, he could just take it back and it can go back and forth. Also, a judge might look unfavorably on you for taking it without some agreement between you two on it.

I suggest you locate an attorney and work on a separation agreement. If the divorce is uncontested, many will do it for $500.

 

[ElleMD]

NC is not a community property state. it is not "jointly owned" if it is just in the wife's name. Right now, they are legally married and the law really doesn't care how a married couple uses their property. They might be living apart but continual cohabitation isn't a requirement for marriage.

If he takes the car back now, you report it as stolen. He has zero legal right to the car. What you may decide to do at some later date when you actually have a legal separation agreement or divorce decree is totally different.

 

[jayh991]

NC equitable division during divorce will frown upon you taking both vehicles when the equitable distribution would be one each (this is one time where equitable might be equal). The vehicle is considered marital property and you should be careful with how you deal with it prior to a court order. Attempting to deprive him of assets prior to divorce can lead to serious consequences in the long run.

NC G.S. 50-20 explains marital property, separate property and divisible property.

 

[ElleMD]

Right now there is no court. No lawyers, no legal separation filed, nothing. Should it ever get there AND should it come down to a judge deciding how to distribute assets and property, the cars will be part of that property. That doesn't mean each gets one. Even still, it is long way off.

OP, the best thing for you to do is if you intend for him to have the car, is YOU gift it to him and put the title in his name. That does not change the loan you took out to pay for the car. You will owe that. He can take out a loan in his own name and essentially pay you off for the car. Transferring the title does not however, alter your obligation to repay the loan.

 

[txls]

In most states if their is a loan on the vehicle, there is a lien on the title and title transfer cannot take place without the loan being paid off, so it isn't as simple as him just getting in put into his name. He will have to take out a bank loan on his own to pay off the existing loan.