Can my husband take my car?

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Can my husband take my car?

My husband and I separated 3 months ago; we have 1 child together. He is threatening to take my vehicle because the title is in his name only. His mother paid the vehicle loan off awhile ago on one of her credit cards so there are technically no “vehicle payments” on it. Do I have any rights to it when it has basically been mine since we purchased it almost 2 years ago? He’s only threatening to take it now because I filed for child support this past week and he’s angry. Neither one of us has currently filed for divorce.

Asked on February 9, 2011 under Family Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

There is a general rule that property purchased during a marriage and with marital funds is considered to be marital property for distribution in a divorce proceeding REGARDLESS of whose name the property is titled under.  So even though it is titled in his name it is considered both of yours.  There will, of course be an issue with the pay off by his Mother - she will claim it was a loan to help her son get back at you and you will claim that it was a gift - but other than that you do not really have to worry that it is not yours too.  But remember that he is entitled to the same use as you are.  So consider filing for something as to this matter and the assets and to consult an attorney.  Good luck. 


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