Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“What can I do if I do not want my husband of 54 years driving my car? My car is in my name, and he took my keys and won’t give them back. I tried calling the police, and they said we can’t do any because you are married.”
Even though the car is in your name, the vehicle is considered marital property and there isn’t much the legal system can do to remedy your situation. If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin) you and your husband each have an undivided one-half interest in all property acquired during the marriage. However, even though you both technically have legal ownership of the marital property, the legal system isn’t the appropriate venue to determine who gets to use the property while you’re both still married. The division of property isn’t as clear cut in other states, called equitable distribution states; however, you are each similarly entitled to joint ownership (and use) of marital property, though the courts aren’t likely to order your husband to return the keys and enjoin him from driving it.
Short of a divorce, there isn’t much the legal system can do to compel your husband to return your keys or prevent him from driving your vehicle. Your best bet is to try and work things out with your husband on your own, or ask him if he’d be willing to go to couples’ counseling where a professional can help you sort out your issues. You may also try speaking with family and friends to see if they may be able to talk to your husband and convince him to return your keys.
