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Guest
Guest
If only car in family is in wife's name can she prevent husband from driving the car?
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While the car is in the wife's name, there may be an issue of community property law in the state of California. My understanding is that, generally, property acquired during the marriage is community property, regardless of whose name may be on the ownership papers. I don't know whether you are separated or how the car was acquired and used after its acquisition as well as other factors that might affect answering the ultimate question.
CdwJava
Moderator
I suppose she can hide the keys from him, but it is very doubtful that she could successfully report it as stolen if he drives off with it.
Why would she want to keep him from driving it?
Why would she want to keep him from driving it?
cbg
Super Moderator
Because he's a lousy driver and has totaled three cars already? Because his license is suspended? Because he wants to use it at a time when she needs to get somewhere in the opposite direction? I can think of any number of reasons why she might not want to allow him to drive it.
army judge
Super Moderator
Especially in community property states, yours is mine, and mine is yours.
The exception of course would be if Molly owned her 2014 Bentley before she married Thumper.
If Molly purchased a 2014 Rolls Royce the day after she married Thumper, no way she can prevent (lawfully) Thumper (a licensed driver) from driving THEIR Rolls.
Betty3
Well-Known Member
It really would be nice to know exactly why she doesn't want him driving the car & also it wouldn't hurt to know if the car was purchased by her & before or after marriage.
CdwJava
Moderator
From an enforcement perspective, it might not matter whether it was pre-marriage or not. She's in CA and the local agency may not take a stolen vehicle report from a wife against a husband even if she is the sole registered owner.
Betty3
Well-Known Member
Yep - that would be kind of strange since they currently anyway still seem to be husband and wife.
army judge
Super Moderator
My horse won't allow anyone to ride him but me.
Maybe the OP could replace the car with a well trained horse.
Besides, horses are smarter than cars! LOL
Maybe the OP could replace the car with a well trained horse.
Besides, horses are smarter than cars! LOL
disagreeable
Well-Known Member
It sounds like OP is an excluded driver and if they take the car without permission and have an issue, they could end up in deep crap.
CdwJava
Moderator
Maybe the wife needs to hide the keys real well.
shrinkmaster
Well-Known Member
I live in CA and about 15 years ago we had a situation in the apartment complex I lived in. A couple we knew had a car (in woman's name they were not married more like booty call situation). The male had drinking problem. While drunk he took car and crashed it into another apartment. Even though the male was drunk at time, had no license and did not have permission to use car no report was taken for stolen car. Reason Police gave woman was because he (the male) had access to keys.
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