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Duing period of separation with husband would it be okay to leave with a car that he is paying on

Asked over 2 years ago - Corning, NY

I came into marriage owning (paid for) vehicle, as did husband. We traded my car in for another that has payments on it. Both vehicles & insurance, per husband, were put in his name. He has been paying payment and insurance. To get out of a bad situation (agreeably bad by husband, but he is not willing to sign even a separation agreement) - would it be ok for me to leave with a car until agreement reached? He says I can't take a vehicle when I leave or he will report it stolen. I don't have key to paid for car that he drives. I only want a vehicle, either one, nothing else. No kids involved.

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Attorney answers (1)

Glenn Jay Holzberg

Reputation Level 10

Answered about 2 years ago. Admiralty / Maritime Attorney in Miami, FL.

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Assuming any fair length of marriage you are entitled to at least reahbilitative or bridge the gap type alimony, Accordingly taking a car that he is lpaying for is at least a part of alimony. Also as a marital asset (its purchased and not leased?)you are entitled to 1 car - no judge would deny that to you. I would make sure your name is included on the insurance policy as a driver or additional insured to be safe, because under the permissive use doctrine you are covered even if not named on the policy, but if he denies you had permission ( a jerky and vindictive thing to do, but possible) you may be liable for accident without coverage. Just call your insurance agent and find out if your covered, put it in writing and you should be safe. Make sure you cary your marriage certificate in your purse or glove compartment and call his bluff- will he really call police? Also does your county court have a self help program so that you can file a simple petition without a lawyer? I strongly recommend that?

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