If my husband calls the cops on me saying I stole his car...

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Old Jun 14th, 2012, 04:51 PM   #1
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Default If my husband calls the cops on me saying I stole his car...

My husband and I are going to get divorced. Currently we are still married. I am driving our 2006 Impala (he uses his 1969 El Camino). The car is registered in his name only, yet the loan is in both of our names. If he calls the cops on me saying I stole his car, could I get into trouble? Or would it just be a domestic dispute?
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Old Jun 14th, 2012, 05:11 PM   #2
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Default re: If my husband calls the cops on me saying I stole his car...

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My husband and I are going to get divorced. Currently we are still married. I am driving our 2006 Impala (he uses his 1969 El Camino). The car is registered in his name only, yet the loan is in both of our names. If he calls the cops on me saying I stole his car, could I get into trouble? Or would it just be a domestic dispute?
By law, the person with the right to possession of the vehicle would be someone whose name appeared on the registration/title of the vehicle. Since you hold the car loan jointly, you are BOTH responsible for making the payments. However, since only HIS name appears on the title, you would have no legal claim to possession of the vehicle unless he voluntarily allows it.

I would suggest that you bring the joint liability for the car loan to the court's attention during the divorce so that it can be dealt with. The court may order your husband to refinance the loan so that only his name appears if it is his intention to keep the vehicle for himself. Alternatively, since he has a working vehicle, they may order him to transfer the title over to you or add your name to the title and allow you to keep that vehicle yourself.
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Old Jun 15th, 2012, 05:44 AM   #3
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Default Re: If my husband calls the cops on me saying I stole his car...

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My husband and I are going to get divorced. Currently we are still married. I am driving our 2006 Impala (he uses his 1969 El Camino). The car is registered in his name only, yet the loan is in both of our names. If he calls the cops on me saying I stole his car, could I get into trouble? Or would it just be a domestic dispute?
If you are in a community property state you would have an unidvided one half interest in all the property acquired since the marriage -- regardless of whose name is on the title as registered owner.

As long as you two are married, any dispute as to ownership would be referred to the domestic, not criminal courts, which is where you are heading, anyway. It would be difficult to prosecute a car theft case between married persons.

Be sure to list all assets and the division of property you wish in the divorce filing.
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Old Jun 29th, 2012, 07:35 AM   #4
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