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If the car was to be considered separate property, then it would have to be only in one person's name. When the title is taken in both spouse's names, there is a presumption that it is jointly owned marital property, regardless of who purchased the vehicle.
Since you are both on the title, each of you has an equal legal right to possess the vehicle. With that said, there would be nothing that could prevent him from taking it because he is legally an owner.
And if you are both on the title, then you would both have to sign in order to legally transfer it to someone else.
I know this is not what you had hoped to hear.
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what can i do to get it back. i paid for the car out of my checking account his name isnt on my account in a divorce will i be able to get it back
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