Who gets the car?

[justseparated]

What is the name of your state (only U.S. law)? VA
My STBX and I separated recently. We have two separate apartment leases, but no separation agreement has been signed. We used to have two cars, and he sold his while I was out of the country. He gave me the car I've always driven (but only his name is on the title) per our verbal agreement. He was supposed to get another car, but hasn't. I let him use the car on a few occasions when he needed it to go to doctor's appointments, or take our child to places when he had her. He doesn't need a car to get to work, and neither do I, but I do to take our daughter to day care. When he asked for the car keys on an occasion our daugher was with me, and he didn't need the car, and I refused to give them to him, he told me he would take the car away from me since it's in his name, and was bought before we got married (although we paid it off together during our marriage). Can he really take it away from me? How can I prevent this from happening?

 

[mistoffolees]

What is the name of your state (only U.S. law)? VA
My STBX and I separated recently. We have two separate apartment leases, but no separation agreement has been signed. We used to have two cars, and he sold his while I was out of the country. He gave me the car I've always driven (but only his name is on the title) per our verbal agreement. He was supposed to get another car, but hasn't. I let him use the car on a few occasions when he needed it to go to doctor's appointments, or take our child to places when he had her. He doesn't need a car to get to work, and neither do I, but I do to take our daughter to day care. When he asked for the car keys on an occasion our daugher was with me, and he didn't need the car, and I refused to give them to him, he told me he would take the car away from me since it's in his name, and was bought before we got married (although we paid it off together during our marriage). Can he really take it away from me? How can I prevent this from happening?

He can do whatever he wants if the car is in his name. When one of you gets around to filing for a separation agreement or divorce, you will receive 1/2 of any current equity in the car - so you can buy your own. Somewhat less likely is that ex might be ordered to turn the car over to you and you pay him 1/2 of the current equity.

 

[justseparated]

Thank you. So it sounds like I'm out of luck here even though I need the car on the days I work, and he doesn't.

 

[mistoffolees]

Thank you. So it sounds like I'm out of luck here even though I need the car on the days I work, and he doesn't.

You could always try talking to him. You might explain to him that if you can't get to work that you could lose your job - which would cost him more in CS and/or alimony. You could always try that argument with the judge, but don't count on it getting you anywhere. You really need to get your own car.

 

[nextwife]

If it is paid off, how about selling it, splitting the proceeds and each acquiring your own cars?

 

[justseparated]

It is paid off, but doesn't have a lot of value. I can't afford another car right now. I was supposed to keep it per our mutual agreement and he was supposed to get another one. I'm also paying the car insurance because of that. But he insists on taking it whenever he wants, sometimes without warning, and I'm afraid I could be left without a car at any time.