Can my husband take away the car he bought me while married?

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Can my husband take away the car he bought me while married?

Asked on October 26, 2010 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A lot depends on the circumstances:

1) If the car is yours--it's in your name on the title--he can't; it's your car.

2) If the car is owned jointly (both on title), you each have a claim on the car, and neither can take and keep the car by him- or herself. Whether by court order (e.g. in a divorce) or by a settlement or agreement, you'll in some fashion to need work either one of you buying out the other's interest to own the car free and clear, or else sell it and split the proceeds.

3) If the car is solely his--i.e. it's in his name; and particularly if he either brought it into the marriage with him, or bought it using money that was solely his (such as money from before the marriage; an inheritance), then he probably can take it way, since it's  most likely his car, even if he let you use it.

If you're getting to a situation where one spouse is taking a car from another, you should consult with a matrimonial attorney to understand your rights and responsibilities.


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