I have been separated from my husband since May. I am the sole bread winner since we have been married (4 years). The two cars that we drive are both in my name. He is currently driving a car he has never paid for. I have made 3 car and insurance payments since we have separated. How do I legally get this car back? It is in my name.

Quote:

---

Originally Posted by whittemore20

I have been separated from my husband since May. I am the sole bread winner since we have been married (4 years). The two cars that we drive are both in my name. He is currently driving a car he has never paid for. I have made 3 car and insurance payments since we have separated. How do I legally get this car back? It is in my name.

---

Send him a certified letter stating if he does not return the vehicle by a certain date(you have to give him at least a few days from the date you mail the letter), you'll contact the police in order to regain possession of the vehicle.

Thank You!! Appreciate your help :)

Quote:

---

Originally Posted by whittemore20

Thank You!!!!! Appreciate your help :)

---

No problem; feel free to stop back in and let us know how it worked out :)

I have to ask is this a legal separation or your just living apart? Was the car purchased while you were married? Have you filed for divorce?

Quote:

---

Originally Posted by califdadof3

I have to ask is this a legal seperation or your just living apart? Was the car purchased while you were married? Have you filed for divorce?

---

Regardless of if it's a separation, divorce or just a temporary split - the car is her property.

My husband & his ex were arguing one day. He drove home & told her to get out. She refused. He went to the police station, showed them his registration that was solely in his name - cop walked outside & told her to get out.

Quote:

---

Originally Posted by this8384

Regardless of if it's a separation, divorce or just a temporary split - the car is her property.

My husband & his ex were arguing one day. He drove home & told her to get out. She refused. He went to the police station, showed them his registration that was solely in his name - cop walked outside & told her to get out.

---

I think it depends on the state and what if any orders are going on. If it's a joint property state. There would be a question no matter who's name is on the registration until a court says different. Some states have automatic restraining orders like California. That once served take effect right away. It may vary by the state.

Yes, if bought while married, even if just in her name, divorce courts can often divide property. So I guess the issue I would ask, how for along is the divorce. Has he been asked to take over payments or to refi the loan in his name ?

Quote:

---

Originally Posted by califdadof3

I think it depends on the state and what if any orders are going on. If its a joint property state. There would be a question no matter who's name is on the registration until a court says different. Some states have automatic restraining orders like California. That once served take effect right away. It may vary by the state.

---

Quote:

---

Originally Posted by Fr_Chuck

Yes, if bought while married, even if just in her name, divorce courts can often divide property. So I guess the issue I would ask, how for along is the divorce. Has he been asked to take over payments or to refi the loan in his name ?

---

I understand what both of you are saying; Wisconsin is also a joint-property state. Yes, he may be awarded the vehicle or half the vehicle's value in the divorce. But until it is awarded, it is her vehicle. I'm not saying that he has no claim to it during the divorce proceedings but right now, it's not his. Until the divorce is finalized and everything has been sifted through? Her name is on the registration, it's her car.

My concern would be that the OP's ex-husband would do something to damage and/or destroy the vehicle prior to the divorce proceedings - his name isn't on it, so what does he care if she gets stuck with the bill?

I once watched a man argue with a DMV worker - his ex-wife had gotten numerous parking tickets with their vehicle, neglected to pay them and the DMV suspended the registration. The man then tried to sell the vehicle after the divorce and couldn't because they wouldn't allow the title transfer unless he paid for his ex-wife's tickets.