If a husband leaves can he takes the car if it’s in the wife’s name?

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If a husband leaves can he takes the car if it’s in the wife’s name?

Asked on January 18, 2013 under Family Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the car is in the wife's name then theoretically she can attempt repossession though it may be considered a marital asset for divorce purposes.  The problem is one of the theory of liability.  If the husband is not listed on the car registration or insurance and the husband gets into a car accident, all parties can be sued, even in a separation. You need to make sure the husband buys out the wife and re-registers the car or the wife gives him the car legally by signing it to him and he registers it in his name.


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