My brother's soon to be ex wife took one of their cars. He has title to the car. Can he get it back?
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My brother's soon to be ex wife took one of their cars. He has title to the car. Can he get it back?
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They are not in the process of divorce yet (both of them are young and broke....). But he would like his car back. I figure legally since he holds title, he should be able to.
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George A
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Until they go through a divorce & the family court determines how the marital properties will be divided, she has as much right as he does to continue to drive that car until she either has to give the car back to him & take one of the other cars they own or be granted by the court ownership of that one.
Being married makes her property his and his property hers until a divorce comes about- then it's a fight to keep what is yours, yours!
He can ask her to swap cars, since it appears from the wording of your question that they have more than one car, for another car they have that is also legal to operate on the road & does in fact run. But until a family court judge tells her to keep the car or give it back- she can, in most states, keep driving that car. |
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TJ
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As long as "division of property" is not settled yet, she has as much right to that car as he does. This is one for the courts (lawyers) to decide. Have a nice day. |
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Lover not a Fighter
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That should be all in the divorce process. And yes he has the title, but when you are married, everything is considered join property.
That is why many times husbands (or the wage earner) try to hide assets and bank accounts. So even though the accounts may be in their name, they can easily lose it too.
Good Luck.... |
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LeAnne
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This could well turn into the proverbial can of worms.
In the state where I live, the wife pretty much owns half of that vehicle regardless of whose name is on the title. |
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Scott H
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It depends on the community property laws in their state. Since they are still married, all their assets could be jointly owned. |
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Abe
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to avoid all BS that comes with these situations, he should just sign it over to her. Then it's her problem |
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Neil D
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If the title is in his name, then yes. If the title is joint, then no. In the case that the car is joint when they are divorced they will most likely have to split things up so he can get it, or sell it and split the money. |
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joshua m
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as long as his name is on the title it is legaly his vehicle |
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