Skip to main content

My car is in my husband's name. I am the sole user of the car though. Can he take the car away from me?

New York, NY |

Married more than 20 years. If we separate can he take my car? We bought it 2 years ago and the payments are in his name, as is the registration. The insurance is in my name. I am the sole user of the vehicle.

Attorney Answers 2


  1. I certainly hope you are using an attorney for this matter. Division of assets in a long term marriage are usually based on common sense. If your ex tries to take the car, the defense is that you are the user. Usually at the conclusion of a divorce, the final marriage settlement decree lists what assets are divided and how. Since you can't saw a car in half, obviously one party gets it, and you are the likely one. Also, you might wind up with the payments. I strongly advise you to confer with a family attorney since a divorce involves much more than who gets the car. FYI my partner James DeFelice practices family law in NYC and his contact information is posted below:
    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:

    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..

    New York City: A Guide to the Courts……………………………………..

    Divorce and Legal Separation in General and How It's Handled in New Jersey
    (Much of this guide is valid for NYS couples too).
    Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)
    ………………………..

    Our law firm may be able to assist you in this legal matter. You can access our contact information at our website: www.sarnoanddefelice.com or my avvo profile.

    FYI my law partner James DeFelice practices family law in your part of NYS. You can access his contact information on his avvo profile or on our firm’s website: www.sarnoanddefelice.com

    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.


  2. The title and payments are of no great import. The issue is how all the property of the marriage will be divided.

    In a long term marriage you would be wise to consult with a divorce lawyer, if not retain one to handle your case. The cost of the consultation is almost invariably less than the cost of making a mistake.