What To Do When A Spouse Takes A Car Registered Under Your Name

Assets in Divorce
Cars, Motorcycles, and Vehicles

By WomansDivorce.com | Updated May four, 2022

When you're headed for divorce, car and truck ownership is a commonly overlooked result, but it can crusade a lot of grief. Are you lot concerned about what will happen to the vehicles during the divorce? Volition I get to keep the machine? Volition he take to recoup me if he retains ownership? Take a expect at the questions below to get an idea of what you should keep in mind when splitting upward?

Take a look at the questions below to go an idea of what you should continue in mind when splitting upwardly.

Is he entitled to my vehicle?
How do I get possession of the car if it's in both our names?
Tin can he take the car back if he gave it to me as a wedding souvenir?
Will he become half the value of the car if I purchase it on my own?
Does he have any merits to the truck if information technology was paid for with my inheritance?
Is my vehicle marital property if I started buying earlier we were married?
Could I get the vehicle my husband bought after we separated?
What can I do if the car is in his name?
Can't I only take the auto if I have a spare key?
What if the automobile was given to me merely registered in his proper name?
Can I drive my truck until a judge decides who it goes to?
What if he isn't paying the car lease during our separation?
Shouldn't I exist compensated if he keeps the truck?
Does he owe me one-half the merchandise-in value when he buys a new vehicle?
Are improvements to vehicles considered customs property?
Is he legally bound to get me some other vehicle if we divorce?
Is the machine value determined on the appointment of separation or divorce?
What if he sells the concern vehicle before we divorce?
What if the car wasn't included in the divorce papers?
What if he won't sign the car over to me like agreed?
Can he take me back to courtroom if he signed the automobile over to me?
What are my options if his name is yet on the auto loan?
Does my divorce decree override the machine loan agreement?
Can I repossess the vehicle if he defaulted on the auto loan?
How soon later the divorce can I apply the vehicle for a trade in?
What if he isn't paying the toll violations and the car is in my proper name?
Tin I go his abandoned truck titled in my proper name so I can sell it?
Tin can I give my brother my Harley before nosotros get divorced?
What if my motorcar is registered to someone else?
Can my truck go part of my partner's divorce if I lend information technology to him?
Do I accept to give back the keys if he keeps the vehicle?
Tin can I take his car towed away if the divorce isn't finalized?
Can he get a title to my vehicle if it's registered to me?
How can the title be transferred if he left the state?
Are the vehicles my property if I bought them earlier nosotros married?
Exercise I have to sell my vehicles if I paid for them with premarital money?
Am I responsible for his missed machine payments?

How are autos split in divorce?

Dividing everything in a divorce - cars, home, and children

Dee Asks: My husband filed for divorce. I need to know if he can legally get my auto which is in my name and I am currently paying on. Also, can he go my older motorcar which is in my name and is paid for?

Brette'due south Answer: If your vehicles were bought during the marriage and are considered marital property, they will be distributed in your divorce. This does not mean he will become them: just that they must exist considered in the belongings sectionalisation and yous can ask to go on them. If yous owned them prior to marriage, they are not marital property.

How do I become possession of the car if information technology'due south in both our names?

Crystal'due south Question: We are currently separated but he will not requite the car that is both of our names to me. He does non accept a license to drive and he is an excluded commuter on our insurance. Practice I have the legal correct to accept the car or how practice we get everything straightened out?

Brette: If he won't agree to let yous have possession, you will need to file for a court society giving you possession of the automobile to get it from him. Discuss it with an attorney.

Can he take the car dorsum if he gave it to me as a hymeneals souvenir?

Tonya'southward Question: Afterwards iv years of marriage, my married man wants a divorce. He bought me a motorcar equally my wedding gift from him. Can he finish making the payments and take my hymeneals souvenir back? I have weekly doctors' appointments and need my car. He left me with no mode of supporting myself, but said he will pay for the divorce since I have no source of income. Please Help Me....

Brette'due south Respond: Gifts are considered separate property and are non distributed in the divorce. You can inquire for temporary alimony.

Volition he get half the value of the car if I purchase it on my own?

Kathy'southward Question: Nosotros've been separated for 5 months and I simply served him with divorce papers. If I purchase a vehicle by myself, will it be half his in one case the divorce is completed?

Brette Replies: Information technology depends on what funds yous use to buy it with. Money you earned and items y'all bought with split up funds ways it is a separate automobile. If yous used marital funds, it could be subject to division, depending on how the avails are broken downwards.

Does he have whatsoever claim to the truck if it was paid for with my inheritance?

Theresa'southward Question: I inherited my father's retirement fund when he passed. I used that to purchase a truck to pull my camper trailer. My husband manipulated me into having his proper name be put on information technology because he was to exist driving it. At present nosotros are getting a divorce and he wants the truck, merely didn't pay a dime for information technology and information technology came out of my carve up inheritance business relationship. Does he accept any claim to information technology being it was paid for on total by an inheritance and is registered in both our names?

Brette's Answer: You lot should talk to an chaser, but generally when you lot convert separate property to marital belongings in this way, information technology is divided in the divorce.

Is my vehicle marital holding if I started buying before we were married?

Zana's Question: My wife and I (legal gay marriage in our state) are separated and supposed to be moving back in. However, I want to go my ducks in a row beforehand, just in instance she decides to serve me papers. I have a vehicle that I signed for and started ownership before we got married. When we said our vows, it was just short of half paid off. It is in my name alone, though she's on the insurance as an occasional driver. If she files against me, would she have any hope of getting my vehicle, even though I'1000 alone on the title, the lien, and the contract, which was signed prior to marriage?

Brette'south Answer: Any corporeality paid toward the loan during the marriage is considered marital property, so she could be entitled to a portion of the value of the vehicle. Talk to an attorney to sympathise your rights in your state.

Can I get the vehicle my husband bought after nosotros separated?

Diana'southward Question: I'chiliad in the process of a divorce. My husband has a girlfriend and has already gotten a loan in his name to purchase a vehicle for her. If the vehicle is titled in his name (or his and her name or even only in her name), is there a hazard I could get that vehicle in the divorce settlement or at least consider it one of his assets?

Brette's Reply: Holding distribution values are frequently determined based on the date of separation, so the car would not even exist an effect unless he used marital funds to pay for it.

What tin can I do if the car is in his name?

Jeanette's Question: We bought a home under his name 3 years ago, and he signed for my car that I bulldoze and pay for. Tin can I do anything if he takes the car?

Brette's Respond: If the auto is in his name, he is the legal owner. While the divorce is awaiting, yous tin can inquire for a temporary order giving you possession of the automobile, since anything bought during marriage is a marital nugget. You need to detect a way to work out an agreement with him. You might consider going to mediation if y'all tin can't do this on your ain. Yous are entitled to some value dorsum from the equity of the dwelling you contributed to. Depending on the value of the machine, it might be a fair merchandise for you to proceed the car and him to continue the house. If he agrees to this trade, make sure that he signs the championship over to y'all.

Can't I just take the car if I take a spare key?

Jane's Question: My partner and I split later seven years. Nosotros didn't ally but lived together and shared a car, which I took when I moved out. 6 month afterward he came and took the car back without me knowing. I take spare cardinal, then can I take car back although the car is in his proper noun? Can I go prosecuted for merely taking it?

Brette's Answer: Yous need seek advice from an attorney in your expanse. If you contributed to the payments you lot may take an ownership interest, just simply taking it when your name isn't on the car championship could exist problematic.

What if the car was given to me only registered in his name?

Lala's Question: A vehicle was given to me as a gift and we register it in his name because I didn't have my license with me at the time. I have always paid for the registration, insurance, maintenance, etc. A couple of months ago he got into an accident. The vehicle was totaled and the insurance visitor issued payment in his name. He took the money and left me without a vehicle or the money to purchase a new one. Can I get reimbursed or compensated for this in the divorce?

Brette: Generally items acquired during matrimony are marital property and are divided in the divorce. If a car was a gift to you it is your separate property, however there may be a question as to whether you converted information technology to marital property since the championship was in his name. The insurance payment is also marital belongings. This will be divided equally part of your asset distribution.

Tin I drive my truck until a judge decides who it goes to?

Daryla's Question: We've been married four months. Last month I traded in my car which was paid for in on a newer model truck. The title is in his proper name merely it is registered in both of our names. If I file for divorce while it is in my possession, can he legally take the vehicle or is it considered customs property? He has a vehicle that is already paid off. Do I have the right to get out in the vehicle until a judge decides who it goes to?

Brette'southward Reply: Information technology is marital property, subject to division in the divorce. Both of you own it until a judge divides it in the divorce. If there are two cars, no one would question yous taking the 1 that is more often than not considered "yours".

What if he isn't paying the car lease during our separation?

Ballad'southward Question: Nosotros live separately and my soonhoped-for ex doesn't contribute whatsoever money to the bills, leaving me in a fiscal crisis (close to filing bankruptcy). He is still driving a auto that is leased solely under my proper name. He refuses to pay, refuses to render the automobile to me, and refuses to answer my asking. What can I do? I don't take funds to pay for another month.

Brette's Answer: Talk to your lawyer about a temporary social club directing him to pay role of these expenses during the pendency of the case.

Shouldn't I exist compensated if he keeps the truck?

Pamela'south Question: We purchased my husband's pickup truck four years ago using the equity line of credit on our home. Since he will exist keeping the pickup, my thinking is that I should be compensated for it. He does not think this is off-white. My indicate is why should I pay for him to have a fully paid for truck at the end of this when it is "his" truck. Am I missing something here?

Brette'due south Answer: What you both demand to realize is that all of the assets and debts acquired during your marriage are part of the marital estate and must be divided in a way which is fair to both parties. An easy mode to attain this is by creating a residue sheet of all the avails and debts from the marriage. To reach this equitable division, the pickup would be added to the total assets, while the loan balance is part of the full debts. If he wants to keep the pickup, then you should either get additional avails which are equal in value to the truck or he needs to assume more of the debt responsibilities. Instead of focusing on but one item, information technology helps to wait the unabridged picture to achieve an equal division of the assets and debts.

Does he owe me one-half the trade-in value when he buys a new vehicle?

Tonya'southward Question: Both our names are on the truck and he traded it in (which I agreed with, considering he can't beget the payment any longer), and the dealership gave him $10,000 more than what the payoff amount is. The extra $10K was and so used towards the down payment on a new vehicle and he took out a loan for the balance. Does he technically owe me half of the $10K he made trading the truck in?

Brette'due south Answer: Yous need to talk with your chaser nigh this considering it is dependent on what your court club says near ownership.

Are improvements to vehicles considered customs property?

Stacie'southward Question: My husband endemic a boat and motorcar before we were married. His name is on both titles. I paid off the motor with my coin and also put 20k into his race car. If I have the receipts, would I be able to claim as community holding the money I put into his boat and car?

Brette's Reply: Improvement to separately endemic property is considered marital property.

Is he legally leap to become me some other vehicle if we divorce?

Windy's Dilemma: Nosotros've been separated for a while now. I had to quit my job considering the motor in the automobile blew up and I had no fashion to get to work. He won't get me another vehicle and then that I can notice another job to support myself. If I file for divorce is he bound legally to go me another vehicle? He works off shore and coin is not an result for him.

Brette'due south Answer: He's not required to get you lot a car just in that location would likely be a financial settlement in your divorce and possibly temporary spousal support.

Is the motorcar value determined on the appointment of separation or divorce?

Alexandra's Question: We're living in a community property state and my spouse has a car which is community belongings. The divorce process has been going on for several months and he says that the machine volition need a repair for several m dollars and this amount will be subtracted from the value. Is this fair - the car was fine at the time of separation and at present he's challenge repair costs just to get its value down? Or should the car be valued as per separation date?

Brette Answers: Assets such as your car are generally valued every bit of the date a couple separates. Adept luck.

What if he sells the business vehicle earlier we divorce?

KK's Question: My husband purchased a Medallion Xanthous Taxi under only his name. He could get a $300,000 loan out of it, or he could sell and go all the cash; and then its value will be null. How can I make sure that I get my fair share?

Brette's Reply: If the Medallion Taxi was purchased during wedlock, it would exist considered a marital nugget and its value goes into the pot of what is to be divided. If it is not a marital asset, you might still have some claim as to this taxi business concern's increase in value. If he sells the medallion and it is a marital nugget, the gain of that sale still remain a marital asset and must be divided. I suggest you talk to a lawyer who can sit down with you lot and explain all of your rights.

What if the motorcar wasn't included in the divorce papers?

Rebecca's Question: I fabricated a terrible error by not including my car (that is registered to me and financed in my proper name) in my divorce. I let my ex-husband take over payments and utilise it. He recently stopped paying and I have no idea where he is. What can I practise? I just want him to give me the auto or finishing the remaining 3k in payments.

Brette'south Answer: Talk to an chaser about amending your divorce to include the auto.

What if he won't sign over the car like we agreed?

Question: Before our split, we bought a auto and the loan was taken out in my ex-husband's proper name, with me as the co-signer. In our divorce, I was awarded the auto, just it was to remain titled in both our names until the loan was paid off. The bank then sent the car title to my ex when the loan was paid off. At present my ex is saying he won't give me the championship until I repay him for three payments he made to the banking concern. What recourse do I have to become the title?

Brette'south Respond: If the automobile was to be turned over to you once it was paid for, then that's what is supposed to happen. You lot can file a petition for a violation with the divorce court which will order him to turn it over or hold him in contempt. I'g not sure I understand how he fabricated payments you were unaware of. The court could decide to order yous to repay him for that since yous will benefit once the title is turned over to you.

Tin can he accept me to court if he signed the motorcar over to me?

Lori's Question: My ex-husband and I were divorced five years ago! He was awarded both vehicles in the divorce but he ended up assuasive me to go along one and signed it over to me! We never filed whatsoever court documents and now he is threatening me with grand theft auto. He ultimately signed the truck over to me willingly. Can he take me back to court for this?

Brette's Answer: If he legally signed it over to you it's yours.

What are my options if his name is yet on the auto loan?

Shelly's Question: We bought a truck two years ago and he is the primary loan holder on it. I was granted the truck in our divorce, but I can no longer afford it. What are my options if his name is still on the loan?

Brette's Respond: You should talk with your attorney to empathise what your divorce prescript says, merely if you lot are the owner of the truck, y'all can sell it or if it is leased, turn information technology back in.

Does my divorce prescript override the car loan agreement?

Catherine'south Question: When I got divorced the truck, which is in both our names, was given to my ex along with all financial obligations. He chose not to pay for it and they take reposed the truck and desire me to pay $11K because my proper noun is offset on the title - does my divorce contract override the initial agreement?

Brette'south Answer: No. The divorce decree cannot alter your obligations. What you can exercise is take your ex to court to reimburse y'all for this debt since he was held responsible for it by the court.

Can I repossess the vehicle if he defaulted on the loan?

Dori's Question: While married, nosotros bought a camper titled in my name. When we divorced the courts gave him the camper & said he was responsible for payments. He defaulted, and my credit took the hitting. Can I repossess it since he defaulted?

Brette's Respond: No since you don't own information technology. Ownership was given to him.

How soon after the divorce can I use the vehicle for a trade in?

Violet's Question: In the final divorce prescript I was awarded a vehicle which my ex-husband has been ordered to finish paying off ($378.88). How soon after this prescript can I legally use said vehicle as a trade in for something else?

Brette'southward Answer: Information technology seems you would want to wait for him to actually do the pay off then that you could get the full trade in value. You should check with your attorney as to how quickly the pay off will happen.

What if he isn't paying the cost violations and the car is in my name?

Stacy's Question: My ex-husband is driving a motorcar that I am on the title. He is refusing to pay toll violations and continues to rack up the tolls. I take provided documentation for him to exist able to put the car solely in his name, but he refuses to do the process. And so my only pick was to cancel his license plate to go him to pay the tolls. He is now threatening to sue me for $5,000. Did I have the right to cancel his plate?

Brette's Reply: The question is who got the automobile in the divorce. If it is yours you lot should become that title changed to your proper name lone. If information technology is yours you accept every right to cancel the plates. If he owns the car information technology needs to exist transferred to his name. Canceling the plates in your name is appropriate. Yous can besides go back to court and seek to have the order modified so that he pays his own tolls.

How do I get the title in my name so I can sell his abased truck?

Diane's Question: My ex-hubby failed to remove all of his personal holding from my home every bit agreed to in our divorce, so anything left backside becomes my property. My question is, I now ain his truck, but he has the legal title. How exercise I become almost getting the championship in my name so I can sell the truck?

Brette's Answer: Yous need an club from the court.

Tin I give my blood brother my Harley before we get divorced?

Pat'south Question: Can I give my Harley to my brother as a souvenir if we aren't legally separated and haven't started divorce proceedings?

Brette's Answer: You lot can, but y'all need to empathize that when the divorce is started, that information technology could exist added back in as a marital asset.

Will he have a claim to my automobile if it'south registered to someone else?

Rochelle'south Question: I acquired a car concluding year, just the car is registered in my blood brother-in-law'southward name because he agreed to stand surety for it. Can my husband have claim to annihilation that is not legally registered in my name?

Brette's Respond: It depends. If you lot purchased the automobile, then information technology is an nugget of yours. I'chiliad non sure why you lot would have your relative have ownership other than in an attempt to defraud the court and your husband. If so, this is dangerous ground you lot are on and you should talk to an chaser.

Tin my truck become role of my partner's divorce if I lend information technology to him?

Melissa's Question: My business concern partner is currently going through the divorce process. He has a truck that is under my name and not his, I am just lending him that truck and paying for it as well. But she keeps threatening him to fight for that truck. Is that possible?

Brette's Reply: Unless you lot accept transferred buying to him in some way, information technology would non exist involved in the divorce.

Do I have to give back the keys if he keeps the vehicle?

Jennifer's Question: My hubby is existence awarded the truck, and the loan for the truck, in our divorce. He is insisting I give him back my copy of the truck fundamental and the remote since they are for the truck. Can the judge gild me to give him the key/remote? He has threatened to have the money he owes me and take the truck re-keyed and then but pay me the balance left over between what he owes me and what re-keying the truck volition cost.

Brette'south Answer: Why on earth would you want to continue a key and remote for a vehicle that is non going to be yours? There's no reason to keep it. Just give it to him. If you don't, aye, he can certainly take you back to court and the judge can certainly order that the cost of a replacement exist taken out of your belongings sectionalization, not to mention the fact that you could be ordered to pay court costs. End making this so difficult and just manus the keys over.

Can I have his car towed abroad if the divorce isn't finalized however?

Tammy's Question: Nosotros aren't divorced nevertheless but have gone through mediation and he has moved out our home. He has gone past the borderline he was given to pick up all of his belongings and left an quondam pickup truck in the backyard. Can I take information technology towed off of the property now?

Brette'due south Reply: If this is a borderline set voluntarily in mediation and non set by the court, and so no. In general it's not reasonable to interfere with the other's property without observe and reasonable time to comply.

Tin he go a championship to my vehicle if it's registered to me?

P'southward Question: My ex-hubby refuses to return a vehicle that is registered in my name. I can't study it stolen because I gave him permission to use it. At present he is trying to championship the vehicle in his name saying that he was awarded the truck in the divorce, even though the vehicle was not specifically identified. Can he legally get it registered in his name?

Brette's Respond: If y'all let him borrow it and he refuses to return it, it is stolen. And if the prescript does non specifically laurels it to him, he volition take no way to transfer title.

How tin can the title exist transferred if he left the country?

Amy's Question: My friend's married man has left the U.South. and went back to China, abandoning her and their two young children. He told her that he leaves all properties to her before leaving. The car and house are both under his name and the court gave her full right to utilize them. She needs to have the championship to the car transferred over and registered in her name in 30 days or her N.J. automobile insurance policy will be voided. How can that be done if he'south not in the US?

Brette'south Answer: She should talk with her attorney about this. The court can laurels her the motorcar, but she will need to discover out what her land'south DMV requires to legally transfer title.

Are the vehicles my property if I bought them earlier we married?

Tanya'south Question: Before nosotros got married, I used my credit to assistance my ex to buy a motorcycle and a auto. He stopped paying for both and now the creditors are after me. We just got divorced. Due to jurisdiction issues, the car and motorcycle were not split in the divorce. They are however my property correct?

Brette's Answer: If the titles to those vehicles are in your proper noun, they are yours considering they were purchased before marriage.

Practice I take to sell my vehicles if I paid for them with premarital coin?

Sharon'due south Question: I take simply separated from my married man. While married a auto and motor home was purchased past ways of a loan from my depository financial institution and came out of my sole account. Technically he has had zippo to exercise with the purchase of either vehicle. I have been making the payments from my sole account from my money that was in my business relationship when I entered the marriage. Both are in my name. Does he have any right to make me sell them both and give him half?

Brette: If the coin was yours earlier union and you did non convert it to marital funds and the avails remained in your proper noun only and he did nothing to contribute to their upkeep, they should be carve up belongings.

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