QUESTION
What are my rights if my husband kicked me out?
Asked on Nov 01st, 2011 on Child Custody - Colorado
More details to this question:
My husband thinks he is in entitled to my vehicle because it is in his name. He kicked me out of the home and now is trying to take my car. What are my rights?
13 ANSWERS
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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File for divorce ASAP.
Answered on Jul 03rd, 2013 at 2:03 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The car is marital property, so you both have rights to it. However, to prevent you each from taking it back and forth from the other, you should file for divorce and ask for an order for exclusive use of the car.
Answered on Nov 07th, 2011 at 11:53 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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Because the car is in his name, he is considered the legal owner and hence can take it from you. Your best option is to ask the court to order him (or negotiate with him) to transfer the title to you during the divorce.
Answered on Nov 07th, 2011 at 9:03 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Your husband does not have the right to prevent your use of the vehicle or your occupancy of the marital residence during divorce proceedings, unless you have endangered the physical, mental or emotional well-being of your husband and/or children. Your husband is obviously abusive. You should file for divorce, seek an order to permit you to enter the home and to use the vehicle, and enforce any other legal rights you may have.
Answered on Nov 04th, 2011 at 2:53 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Go to court & ask for the exclusive use of the car. As to the house, do you own or rent?
Answered on Nov 04th, 2011 at 1:53 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Your husband can't kick you out if you don't want to go. You should consult with an attorney in order to determine your potential rights and options.
Answered on Nov 03rd, 2011 at 7:27 PM
James Albert Bordonaro
Generally, all property acquired during the marriage is considered to be joint property and equitably divided regardless of title. You require a temporary court order to prevent the selling of any assets and that way you will keep your car until a judge divides your property and debts. Generally, an ex spouse may have to continue to pay the payments on the other's car until the wife is financially stable enough to make her own payments.
Answered on Nov 03rd, 2011 at 6:01 PM
There is no good way to predict with certainty, with such little information, what specific items of property either of you are going to end up with. This, at least in part, is because of the statute, which says that the court is just support to make a fair and equitable division of all of the debts and property. So, no one can really make serious predictions about specific items of property without knowing more about ALL of the debts and property, among other things. However, on a temporary basis, if there are two cars, and, if you both need a car to get two and from work, then, I would think that the court would likely rule that each of you should have the temporary use of one of the cars. My advice would be to hire an attorney to get the case started and set of a hearing for temporary orders.
Answered on Nov 03rd, 2011 at 5:54 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can ask the court to put you back in the home and to have access to the vehicle in a temporary order hearing.
Answered on Nov 03rd, 2011 at 5:44 PM
Steven D. Dunnings
If your name is not on the title, then he is the sole owner. Hire a lawyer and file for divorce.
Answered on Nov 03rd, 2011 at 5:33 PM
Absent a prenuptial agreement, anything used to benefit the marriage becomes part of the marital estate and must be divided among the parties upon divorce. The car is part of the marital estate as well as anything else used to benefit the marriage. Most attorneys can structure a property settlement during a divorce so that property is divided which may or may not include each party leaving with the car they used during the marriage. I would say there is probably more property in your marriage besides the ONE car and a property settlement could include you receiving the car in exchange for giving up something he wants to keep as well. This could include furniture, his car, his savings, his guns, etc.
Answered on Nov 03rd, 2011 at 3:05 PM
Glen Edward Ashman
You have no rights until you get a lawyer and file a divorce. Then you can seek what you are entitled to.
Answered on Nov 03rd, 2011 at 1:52 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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On paper, the car is your husband's - not yours. So, to secure your rights to what is otherwise "marital" property you need to file for divorce and get the issue resolved as part of the divorce case. Until a court rules that it is yours, there is nothing much you can do.
Answered on Nov 03rd, 2011 at 1:40 PM