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.
“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.
Question: 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.
Answer:
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.
