Q: My husband and I are separated and he is driving a car that I own and carry ins on but is refusing to pay for it.
I purchased the vehicle before I was married and when I was making a substantially higher income. I can no longer afford two car payments on my own and he is refusing to help with the payment or the insurance. Am I able to take the car and sell it?
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- North Carolina
- (910) 333-9679
- View Profile
- Answered
A: If you had the car and made payments on it during the marriage, he will likely have some minor marital interest in it even if you bought it prior to the marriage and it is titled and insured solely in your name. So if you take it you definitely should not sell it without his consent or if you do you should at least set aside some portion of any profit in case you are required to pay him for his marital interest. Also, you can not 'breach the peace' to take the car. So if you do attempt to take the car you have to do it without breaking into it, trespassing or breaking any other laws to get it.
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