My husband and I are divorcing. He has not been paying the car note or insurance; however, the car is titled to both of us but the car loan is in my name only. I want to take the car because I am financially responsible for it and have been making the monthly payments. If I take the car without his agreeing and he reports it stolen or tries to fight me for it, can I get criminally charged?
This is not a crime. Either owner of the car can use it or take it without permission of the other party.
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You are a titled owner, you cannot be charged with theft. You both are on the title, so each of you has equal right to use and possession of the car. Neither of you can be charged for theft by the other for taking it. I would recommend consulting a divorce lawyer, as these types of issues get nasty, and can often be resolved calmly and more rationally with an agreement of some sort.
Given that you are both on the title, you have as much right to the vehicle as does your husband. In terms of transportation, if there are minor children and he does not have a way to transport the children, the court will not look fondly on your taking the vehicle.
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