Possession of vehicle in community property state

[texanbred]

What is the name of your state (only U.S. law)? TX

My husband and I are separated but neither of us has actually filed for divorce yet. I am about to file Chapter 7 bankruptcy. We have a 2007 Honda Civic that we acquired during our marriage, but the vehicle is in my name only. He currently has possession of the vehicle, as well as carrying the auto insurance, however he is refusing to give the vehicle back. I talked to the car company and they advised me since the account is current, I could do a voluntary surrender but that I would have to wait so many days before I could. He is now threatening to hide the vehicle as well as threatening me with legalities about Texas being a community property state so the vehicle is 1/2 his. What is my legal recourse if I do voluntarily surrender the vehicle while we are still married and they come pick it up while he has possession of it?

 

[LdiJ]

What is the name of your state (only U.S. law)? TX

My husband and I are separated but neither of us has actually filed for divorce yet. I am about to file Chapter 7 bankruptcy. We have a 2007 Honda Civic that we acquired during our marriage, but the vehicle is in my name only. He currently has possession of the vehicle, as well as carrying the auto insurance, however he is refusing to give the vehicle back. I talked to the car company and they advised me since the account is current, I could do a voluntary surrender but that I would have to wait so many days before I could. He is now threatening to hide the vehicle as well as threatening me with legalities about Texas being a community property state so the vehicle is 1/2 his. What is my legal recourse if I do voluntarily surrender the vehicle while we are still married and they come pick it up while he has possession of it?

You are filing for bankruptcy, you are going to be required to surrender the vehicle, you don't have any choice there. If he wants to keep it so bad, then he should refinance it into his name. If he cannot do that, then he is SOL.

 

[texanbred]

Actually I can keep the vehicle as long as I keep the payments current. I will be surrendering the vehicle however, so I just want to make sure he can't come back and sue me because Texas is a "community property state" and I took property that was in his possession.

 

[LdiJ]

Actually I can keep the vehicle as long as I keep the payments current. I will be surrendering the vehicle however, so I just want to make sure he can't come back and sue me because Texas is a "community property state" and I took property that was in his possession.

Does the car have any equity? The only thing that you could be held accountable for is any equity in the vehicle. Since its an 07, you probably don't have any equity in it, but if you do, you could be held accountable for that. However, that would just play into the division of assets/debts in your divorce.