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Posted Jan 31st, 2012
Our home and car are in my husband's name. The house is paid for but I make the carpayments. What
are my rights?

Additional Details:
He often takes the keys and refuses to give them back and sometimes threatens to turn the car back
in. He also says that he will not move out because it is his house and if anybody leaves it will
have to be me along with out two children. He also says when i go to leave the keys to his house
and his car. Both of the things were aquired after the marriage. I want to know what are my rights
to the house and car even though they are both in his name
Legal Topic Area: Family Law in VA

Even though both of these assets are titled in your husband's name, if they were acquired during the marriage, they are almost certainly marital assets. We would have to examine where any down payments came from, but any monthly payments coming from income earned by either of you during the marriage are presumably marital. In a divorce, a judge can look at what contributions each of you made to the marriage, both monetary and nonmonetary, and then determine a fair division of the property. He is right that it may be difficult to make him move out of the marital home. However, it's possible for you to be granted exclusive use and possession of the home pursuant to a divorce. This would force him out of the home. But this remedy is often only implemented in cases involving domestic violence. It is important for you to consult with an attorney to further discuss your rights and ensure you are protected.

This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.


Answered on Jan 31st, 2012 at 1:40pm