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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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can my husband take the car off of me, its in his name only

Customer Question

can my husband take the car off of me, its in his name only and we have 3 children together
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- If you mean take your name off the title that is easy since all you have to do is sign it over to him. If you mean off of the loan then the answer is that he can't remove you from the loan.

 

Only the lender can release you from the loan and they will not do that until the loan is either refinance or paid off. There is nothing your husband can do to get your name off of the loan except to pay off the loan.

 

David Kennett - JD - Attorney at Law

Customer: replied 7 years ago.
the car is in his name only. My name is XXXXX XXXXX the title or the loan he bought the car for me andd the kids and now he wants it back. do i have any rights to this vehicle
Expert:  Dave Kennett replied 7 years ago.

Well since you are married then it is considered marital property but legally the car is in his name. Unless you are filing for divorce the court will not step into a marital dispute over who gets to drive a car.

 

Dave

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