“I am considering leaving my spouse. However, she has her name on the title on both of our vehicles. Is it legal for me to take one of them when I leave? Also, what property may I take when leaving, could I take my computer? I know I would have a right to my clothing, medicines, and things of that nature, but what about televisions, furniture, etc.?”


This depends in large part on whether you live in a community property state or not. If you do, then everything acquired during the marriage belongs to “the community”, and not to either of you until it is divided by a court or an agreement between you and your spouse. The nine community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

If you don’t live in a community property state, then it is less clear cut, but in any case personal effects (clothing, jewelry which is not investment jewelry, etc.) can usually go with the person. If you take a car, you should plan to be responsible for the car payments.

The bottom line, however, is that you should attempt to reach an agreement with your spouse as to what you will take, as anything short of an agreement is almost certain to lead to expensive pain for you.


Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.