Q: Is it illegal for a spouse to place a tracking device on a vehicle that is marital property?
A vehicle purchased via loan by Spouse B during a marriage, with loan payments made from Spouse B's own account where their income is deposited (marital funds), titled in Spouse B's name only.
NCGS § 50-20(b)(1) classifies the vehicle as marital property, making Spouse A an owner of the vehicle with an equitable ownership interest in it regardless of title: “…It is presumed that all property acquired after the date of marriage and before the date of separation is marital property except property which is separate property under subdivision (2)…”
N.C.G.S. § 14-196.3(b)(5)(b) provides an exception to the placement of a tracking device on a vehicle if it is done by the Owner or Lessee of that vehicle: "(5) The provisions of this subdivision do not apply to … (b) The owner or lessee of any vehicle…”
N.C.G.S. § 14-196.3 allows an owner to place a tracking device and NCGS § 50-20 makes both spouses an owner of the vehicle. What rulings, if any, have been made on this?
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A: Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated vehicle’s title.
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