my wife and i are separated. we are both currently out of work. i have income for our bills and food though from my brokerage account i've had since i was a kid. its a premarital asset, as is my home. do i have legal right over her automobile which i paid for, currently pay for, payments and insurance, because the money paying for it comes from not "our" money?
2 Answers from Attorneys
What do you mean "legal right over"? Do you mean, can you take it from her and drive it? Whose name is on the title? If her name alone is on the title, she may call the police if you start driving it, though I doubt the police would arrest you for grand theft auto.
Do you mean, will you get half the value of the car in a divorce? Yes, if you bought it after you got married. No, if she bought it before you got married, but you could get back half the value you put into it.
If she drives it now she will be awarded it by the court