Can my husband take the car in our divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my husband take the car in our divorce?
I am filing for a divorce and my husband is threatening to take the car. The car is in my name, he is the co-buyer, but there is no way he can afford the car. I work full time and need the car to get to work, he does not have a job. My question is, can he take the car?
Asked on August 1, 2012 under Family Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An asset purchased during the marriage is a marital asset which means that both of you have the same rights to it. You are going to have to see if there is any way that you can ask the court for use and control of the car during the pendency of the divorce -much like exclusive use and occupancy of the marital home - for the reasons you gave here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.