What Can I do if I Don’t Wanting My Husband Driving My Car?

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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Author: House Attorney

A house attorney has answered this question.