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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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Question about an automobile and rights. Situation Married

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Question about an automobile and rights. Situation:
Married Couple but marriage not stable, seperation/divorce beginning.
2 children, infant and toddler. Still joint domicile. Husband has one auto, financing and title unknown, wife has 2nd car, title & registration in both names, both are borrowers. Wife has proof of payment in her name on all payments and are up to date. Husband is threatning to take car away and is doing things such as disabling A/C to try to restrict wife's usage.
What are her rights regarding the automobile?

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

If the vehicles were acquired during the term of the marriage, they are both considered marital assets regardless of how the vehicles are titled.

If the husband is taking abusive action against the wife such as disabling her AC and restricting access to her vehicle, the situation could quickly escalate to a physical altercation.

Your daughter may consider obtaining a temporary restraining order (TRO) based on fear of physical harm. This would put her husband out of the house and could give her exclusive access to when vehicle

She would need to go to the local courthouse to obtain the TRO. The clerk will give her the forms and assist her. The judge will immediately sign the TRO if the forms on their face appear that she is in reasonable fear of harm
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