Can my husband take my car keys?

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Can my husband take my car keys?

I bought a car before I was married, and traded it in for a truck 6 days after the marriage. I have paid for everything in the car is in my name he’s never paid a cent on it. Now a year later, he is abusive and hides the keys and paperwork from me so I can’t take the truck. I know if I divorced him he won’t pay his half of the debt he doesn’t care about his credit. Can I legally have my truck towed away since I can’t get into it?

Asked on September 25, 2017 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The generaly rules is that if you can trace funds and show a court that you paid for proerty after the marriage with separate property (funds, trade in) and you keep the new porperty in your name only and there is no comingling, then it remains yours.  However, if you have paid for the trusk with funds earned after the marriage (those are marital funds) then he could be entitled to half the value minus your initial contribution.  I know it is confusing.  But I would not yet have it towed. Seek legal help.  Good luck.


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