If my husband purchased a car but didn’t put my name on the loan or title, is it legally mine as well?

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If my husband purchased a car but didn’t put my name on the loan or title, is it legally mine as well?

We live in a community property state.

Asked on January 3, 2015 under Family Law, Texas

Answers:

Bruce Provda / Provda Law Firm

Answered 6 years ago | Contributor

In a community property state,  it will not matter whose name the vehicle is in, it will only matter when it was obtained or purchased.  If it was  purchased prior to the marriage there is a possibility  that it might stay out of  community property; however, if purchased after the marriage it is subject to community property laws. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Community property is property acquired during marriage and income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income earned before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Since the car was purchased during marriage, it is community property, and you have a one half interest in the car.


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