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I am going through a divorce; I purchased a vehicle before

my wife and I were...
I am going through a divorce; I purchased a vehicle before my wife and I were married so that she had a way to get to work and take her child to school. I've tried being civil about everything with her but she continues to make everything as difficult as possible for me. I'm at the point now where I am going to take the vehicle from her. The title, the registration, and the financing is strictly in my name alone. She has agreed to take over payments but she can't take full custody of it due to the fact that she has no credit; I have told her to find someone to take it off my hands but it's been over a month now and I'm tired of it and refuse to pay for a vehicle that is legally mine that I don't have. I want to take the vehicle away from her. Is there any way she would have a legit case to hang on to it even though it is legally mine? Should I provide proof of this and/or how our conversations have been and how irrational she has been? I live in Texas; and thank you
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Answered in 6 minutes by:
7/1/2012
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,090
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If you purchased the vehicle prior to marriage, then under Texas community property law the vehicle is your separate property and as such during a divorce you would be entitled to claim that vehicle back. If the vehicle is in your name alone, you can also pick up the vehicle and take it if you can do so without any disturbance of the peace.

The only way that she could possibly have a claim would be if the child were yours and she needed the vehicle for the care of the child. The fact you purchased the vehicle prior to marriage and that it is in your name alone, that is all the proof you need that it is your separate property.


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Customer reply replied 5 years ago
The child is not mine, could you explain further as far as "if she needed the vehicle to care for the child" ? I won't be able to take it from her and can assure you that she will fight me tooth and nail for it. Since we live in separate cities would it just be in my better interest to call a repo service or report the vehicle lost or stolen?
If the child is not your child, then it would not be something she could raise as to why she is entitled to keep the car. As far as recovering the car, you need to file a motion for possession of the car with the court, since it is in your name they will give it to you.

You can use a repo company, but only if they can get the car without disturbing the peace. You cannot report it lost or stolen because it is not and it would be a false report.
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Customer reply replied 5 years ago
Filing a motion for possession of the car; is that something that needs to take place prior to the divorce or afterwards?
That can take place during the divorce at any time. You can file a motion for possession of the vehicle now on the basis that it is solely in your name making you solely liable for it and as such it should not be in her possession.
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Customer reply replied 5 years ago
One last question so that my mind can be at peace; I apologize if I'm repeating myself but I just want to make absolutely sure. Even though she uses the vehicle for work transportation and needs to use it for that reason; There is still no way she can keep since it's my name on all the paperwork correct? She has her own insurance on it; is that a factor? Or does just the title, registration, and loan matter.
Even though she uses the vehicle for work, it is your vehicle in your name and your separate property, which gives you the right to it since you would be liable as the registered owner for anything she does with that vehicle (such as does not pay tolls or gets parking tickets or in an accident).
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,090
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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