Community propery - vehicle

[eh4316]

My wife and I are separating (not making it legal until we can afford to), but we've only got one reliable vehicle. The vehicle is in my name, insurance in my name. We have two children and I have no problem with sharing the vehicle, but she's proven to be unreliable when it comes to making the car available to me as well as not wiping out the bank account before payments clear. I take care of the kids 5 or 6 days/nights per week, she rarely comes home and sleeps elsewhere most of the time.

If she tries to take the car when we both move (and not share it based on whoever has the children on that given day), do i have any legal ground to stand on that would allow me to in essence, take the vehicle and not allow her to use it?

I am personally responsible for the bill (though I believe it's still considered community property), I purchased the car while we were married. In the past, we made payments using a joint account that i've recently had to close because she was spending the money before bills could be paid (paid on friday, bank account drained by monday).

Not trying to look for ways to screw with her, just trying to find out if I have options were she to decide to make things difficult.

I've consulted with an attorney and he did explain community property/assets but I forgot to ask specifically about my rights while we were still married.

Any help would be appreciated,
Thanks

 

[army judge]

My wife and I are separating (not making it legal until we can afford to), but we've only got one reliable vehicle. The vehicle is in my name, insurance in my name. We have two children and I have no problem with sharing the vehicle, but she's proven to be unreliable when it comes to making the car available to me as well as not wiping out the bank account before payments clear. I take care of the kids 5 or 6 days/nights per week, she rarely comes home and sleeps elsewhere most of the time.

If she tries to take the car when we both move (and not share it based on whoever has the children on that given day), do i have any legal ground to stand on that would allow me to in essence, take the vehicle and not allow her to use it?

I am personally responsible for the bill (though I believe it's still considered community property), I purchased the car while we were married. In the past, we made payments using a joint account that i've recently had to close because she was spending the money before bills could be paid (paid on friday, bank account drained by monday).

Not trying to look for ways to screw with her, just trying to find out if I have options were she to decide to make things difficult.

I've consulted with an attorney and he did explain community property/assets but I forgot to ask specifically about my rights while we were still married.

Any help would be appreciated,
Thanks

You're gonna love this.

While you are married, you don't have to allow her to use the car.

In fact, you can do whatever you wish with the assets you accumulate.

Again, ain't that a hoot.

But, it is the law.

There are very good reasons for it, but I've always found it odd.

Once the court gets involved, that is when the marital assets get divided.

So, until the court orders you to do so, you don't have to allow her to use the car.

Her actions are indicative of abandonment of the marriage and the marital home.

That comes in very, very handy during divorce negotiations.

That fact that you are the main caregiver to your children, again, works nicely for you; but hurts her.

So, unless you want to get hitched again, you might not want the court involved.

I wouldn't!

 

[eh4316]

Thanks for the response. Sounds like she might be able to do the same to me since we're still married?

 

[army judge]

Thanks for the response. Sounds like she might be able to do the same to me since we're still married?

The early bird gets the worm, or so I've been told.

But, if SHE is as UNRELIABLE as you said she was, what other choice do you have?

When people choose to abuse your kindness and love, you would be wise to protect yourself!!!

 

[Duranie]

You do not have to allow her access to the car. Also if you are the primary caregiver I would file for divorece and ask for custody too.