Driving priviledges

[Guest]

If only car in family is in wife's name can she prevent husband from driving the car?

 

[Michael Wechsler]

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]

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?

 

[cbg]

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.

 

[CdwJava]

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.

So can I ... I want to know why the OP doesn't want him driving it. There may be no easy LEGAL recourse to prevent him from driving the car unless she separates from him.

 

[army judge]

So can I ... I want to know why the OP doesn't want him driving it. There may be no easy LEGAL recourse to prevent him from driving the car unless she separates from him.

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]

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]

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]

Yep - that would be kind of strange since they currently anyway still seem to be husband and wife.

 

[army judge]

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

 

[disagreeable]

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]

Maybe the wife needs to hide the keys real well.

 

[shrinkmaster]

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.