If legally seperated, can spouse legally take back a car that is in their name?

Question

We have a lease vehicle that is in his name and which he pays for. However it is the vehicle I drive on a daily basis. I would assume that if the seperation isn't legal, he couldn't take the car from me. But if we were to get a legal seperation, would he legally be able to?

Answer 1

I sometimes have a job understanding how some folks minds work, are you really that stupid? Would you expect to have a car that is in say your neighbours name to drive around in and then get angry when he wanted it back.The person to whom the car is leased is the owner of record and if he wants it back that's all there is to it.

Answer 2

you betcha, it's in his name, he's paying for it, it's his not yours

Answer 3

he could take it back now if he wants. its legally his.  

Answer 4

It's up to you two to decide, and up to a court if you can't agree how to divide assets.  Assets acquired during the marriage are joint property, no matter whose name is on them, unless you have a prenup stating otherwise.

Answer 5

He can take it.....

Answer 6

Of course he can take it. If anything is in his name whether you pay for it or he pays for it or whoever drives it- it doesn't matter. It legally belongs to him. I imagine he might take it back just to spite you.

You can't be this naive can you? Well maybe. It is amazing the questions we get on here. Are you sure you are old enough to drive? Doesn't sound like it.

Answer 7

I think it depends on the laws in your state. In California that would be considered community property so he wouldn't be able to take the car without some sort of agreement.

My daughter is going through the same thing. Her husband abandoned her, their baby, wiped out the bank accounts and took the car. Her attorney told her she's going to probably enjoy mopping up the floor with the idiot.

Answer 8

It's a leased vehicle in his name. He can take it back today. Since he is responsible for the lease, and the condition the vehicle gets turned in. It's not property. The car isn't his either. He pays to borrow it.

Answer 9

Your lucky he hasn't called it in stolen. If I were you I wouldn't p**s him off.

Answer 10

yes, he can take it legally anytime he wants because it is in his name.  You have no legal rights to it at all.

Answer 11

he can take it whether you are legally separated or not, it's his car

Answer 12

Does he pay all your bills too?

He should have taken the car when you guys seperated..legal or not.

His name is on the lease, not yours. He has every right to take it. He is paying for you to drive his car. If you were my wife and we seperated, everything in my name would have come with me.

Get your own car.

Answer 13

Its HIS CAR. No judge is going to take it away and give it to you. You are going to have to make other arrangements.