Legal Question in Family Law in Missouri

My husband is making me leave our home, he is unhappy, wants a divorce. I am taking our kids though. My question is can I take my car even though his name is on the title without mine? I think it falls under Community Property. We have been married 18 years.


Asked on 8/09/14, 10:58 am

1 Answer from Attorneys

Anthony Smith LawSmith

I am sorry to hear about your marital problems. Hopefully there can be a reconciliation, or minimal harm to the children. Generally, either spouse may make use of marital property. Based upon what you described, this car is probably marital property. It is unlikely that your husband will be able to have you leave the family home without reimbursing you for living expenses, and child support. That is why most couples come to some kind of temporary agreement. Unless he owned the house before you two married, and you have not financially contributed to its upkeep or improvement, he might owe you half rent while you're separated. But, if you think that your husband will contest you taking the car you normally drive, when you move out, you need to consult directly with a family law attorney, as soon as you can. A man that would pick that kind of fact that early, will be contentious all the way through.

Good luck

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Answered on 8/20/14, 12:33 pm


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