If I have a car that is titled in my name but my husband has been driving it and we are now splitting and he’s refusing to bring it back, can I legally go get it?

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If I have a car that is titled in my name but my husband has been driving it and we are now splitting and he’s refusing to bring it back, can I legally go get it?

He’s refusing to bring it back.

Asked on August 4, 2016 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In Texas, property obtained during the marriage is presumptively community property, regardless of the name on the title.  As long as one spouse's name is on it, they have a right to make a community property claim to the property.
This means that either you or your husband have a right to take possession of the vehicle.  If he is refusing to give it back to you and you cannot otherwise find it to take possession of it, then you will need to file for divorce and seek to have the vehicle awarded to you in a temporary or final order.


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