If my husband purchased a car but didn’t put my name on the loan or title, is it legally mine as well?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 9 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 9 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.
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.