What are a couple’s rights to a car in a divorce?

UPDATED: Oct 30, 2010

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What are a couple’s rights to a car in a divorce?

My wife and I just split up. However, prior to that we bought a newer car and she is the co-signer on the loan. She doesn’t hold a driver’s license and is listed on my insurance as a non-driver. Can she keep the car? Also, she is constantly driving it. Do I have the right to take it back?

Asked on October 30, 2010 under Family Law, Connecticut


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

Answered 12 years ago | Contributor

Listen, you need to get some help from ana ttorney here as soon as you can.  One, you both jointly own the car, even if she is a non-driver.  But what is really making me nervous is the fact that she is driving without a license and if she gets in to an accident, you are also both jointly liable. You need to ask for the temporary award of the vehicle in the divorce action.  And if you get it and ultimately want the asset you are going to have to either buy her out or bargain away another asset of some sort.  Seek help with this all.  Good luck.

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