Concerned..

[JS1000BP]

My wife and I are separated now for a little over two years. We purchased a car in 2004 and I have been making all of the loan payments and repair and maintenance payments since the separation, so a little over two years the vehicle has been in my sole possesion. Due to my current financial situation I have been late a number of times on payments but always manage to get them caught up within a month or so. I have a 3 month old daughter so finances are tight at times as I am currently unemployed. My wife called last week and said since I was late she was coming to take the car and there was nothing I could do about it. The payments are currently caught up and up to date but she still says she going to take it. Can she legally just walk into my driveway and take this car without me being able to do anything about it? I am the purchaser on said car but she is co-owner. Can she do this legally, do I have to just let her take it from my driveway when ever she feels like it?

 

[mistoffolees]

My wife and I are separated now for a little over two years. We purchased a car in 2004 and I have been making all of the loan payments and repair and maintenance payments since the separation, so a little over two years the vehicle has been in my sole possesion. Due to my current financial situation I have been late a number of times on payments but always manage to get them caught up within a month or so. I have a 3 month old daughter so finances are tight at times as I am currently unemployed. My wife called last week and said since I was late she was coming to take the car and there was nothing I could do about it. The payments are currently caught up and up to date but she still says she going to take it. Can she legally just walk into my driveway and take this car without me being able to do anything about it? I am the purchaser on said car but she is co-owner. Can she do this legally, do I have to just let her take it from my driveway when ever she feels like it?

Her name is on the title, so she can take it.

Your recourse would be to go to court and ask for a formal separation agreement to address it. Or, to file for divorce and ask for a temporary agreement. If you need the car to get to work and if she has other transportation, you'll probably get it - if you really are able to get caught up in a month most times.