Can my husband take my vehicle if it’s in his name?

Q: My husband and I haven’t been together in a year. We are not legally separated nor has the divorce started. We have 2 vehicles both purchased since we have been married but both unfortunately in his name. We’re living in 2 different states, myself in PA and him in Ohio. There haven’t been any issues as far as the vehicles go unit now. Last week his transmission went out and now he is demanding my car. If this was “my” car bought while together married both of us paying for the vehicle is he able to take it and or report the vehicle stolen? My car is the only belonging I am left with. Thanks in advance! (Pittsburgh, PA)

A: You will have a good argument when the court divides your property in the divorce action, in that regardless of who is on the title, it is marital property. However, as to here and now, he is on the title and if he wants to, he can try to take it. The police may or may not let him do it. They are not going to involve themselves in a driveway divorce settlement. They may be persuaded that he has the title. Or, knowing that you are married, they may tell him to hit the road and talk to his divorce lawyer. You may want to tell your local police what is going on in just in case. What you can do is keep the car in a garage, hidden or blocked in, if that is possible. The police will not take a stolen vehicle report where the alleged perpetrator is the wife. In the meantime, you may be able to have an attorney file an emergency motion to give you exclusive possession of the car, pending the divorce proceedings. You may also tell him that such a foolish act will hasten your filing of a spousal support complaint. If his behavior turns to harassment, you can file for protection under the Protection from Abuse (PFA) statute.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.