CanI take my car back if my wife took it and we are divorcing?

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CanI take my car back if my wife took it and we are divorcing?

My wife and I are currently separated. She left the house on about 6 weeks ago and took the car, which is in my name only and registered in my name only. We have a custody hearing in about a month, I have been advised to keep the car insured and let her drive it until then. Once custody is settled, can I go and get the car back and sell it?

Asked on February 7, 2011 under Family Law, Virginia

Answers:

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

Answered 10 years ago | Contributor

I am sorry for your situation.  No, you can not take the car and sell it after a custody hearing.  Custody has to do with the children, correct?  It does not have to do with the assets of the marriage.  Even though the asset is in your name and registered to you, if it was purchased during the marriage it is considered to be a marital assets for distribution unless proven otherwise at the appropriate time.  The appropriate time is when you agree to divide the assets or you are at trial proving which assets are separate and marital property.  If you do not have an attorney get one and if you do, start asking questions and relying on his or her advice.  Good luck.


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