Can my husband take the car in our divorce?

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Can my husband take the car in our divorce?

I am filing for a divorce and my husband is threatening to take the car. The car is in my name, he is the co-buyer, but there is no way he can afford the car. I work full time and need the car to get to work, he does not have a job. My question is, can he take the car?

Asked on August 1, 2012 under Family Law, Indiana

Answers:

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

Answered 8 years ago | Contributor

An asset purchased during the marriage is a marital asset which means that both of you have the same rights to it.  You are going to have to see if there is any way that you can ask the court for use and control of the car during the pendency of the divorce -much like exclusive use and occupancy of the marital home - for the reasons you gave here.  Good luck. 


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