my wife move out of the house after 7 months of marriage. I owen the house and cars before we got married, she paid no bills, she works a job an spent her money on her. But when she left she took furniture,dishes, and my car. she not on my insurance because she would'nt change her last name. can I go get my car.
3 Answers from Attorneys
Part of your post is simply false, so I must suggest that you see a lawyer before doing anything. Tell him the whole story, not a twist on things.
Insurers have NO problem with adding spouses to policies regardless of matching last names. It's done all the time. Many wives do not take their husband's name. Since you made an untrue statement on that issue, I am hesitant to answer anything in the rest of the post.
It sounds as if you were angry your wife wouldn't take your last name and for that reason didn't add her to your auto insurance. Did your wife come into the marriage with a vehicle? I agree with Mr. Ashman that your wife did not need your last name to be added to the policy. I would strongly suggest you speak with an attorney before getting the car from your wife. There are too many questions which need to be answered before an attorney could give you advice on what you have posted.
Since you are married it would be best to go through the court system and get a court order before you start "taking" anything. From what you've said, it's likely classified as separate property, but that would be up to the court to determine from the evidence presented.
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