Can he do that????

When my husband and I bought the car that I drive, we had to put it in his name only because of credit issues. Now, every time we get in an arguement and I try to leave for a while to cool off, he says I can't take the car because it's in his name. He does the same thing with my cell phone (he opened the account so the bill comes in his name). I know this is a just a desparate attempt to try and control me, but what rights does he really have in this case?

Update:

I also make all the payments on my car

21 Answers

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  • Odie
    Lv 4
    1 decade ago
    Favorite Answer

    I love everyone telling you that since it's in his name that it's his. They're wrong. If the debt was acquired after the marriage then the items are considered maritial assets. I quote from the state of PA's laws: (even though I'm quoting the State of PA, all states have a similar law) " Marital assets include property and income acquired during the marriage. A home, business owned by the parties, furniture, retirement accounts, other investments and cars purchased during the marriage are examples of marital assets. In these examples, the particular asset may be considered to be a marital asset even if it was acquired in only one spouse's name as long as it was acquired during the marriage and was not acquired through the use of the spouse's non-marital assets. Some assets may have both a marital and non-marital component. In that case, the non-marital value of the asset is excluded from the equitable distribution process. "

  • 1 decade ago

    If it is in his name he has every right, it is "technically" his property, does it make it a polite way to act, no, but you trying to run off to cool off isn't the correct way to handle the problem either. If you want independance then you need to go out and get your own car, be it a buy here pay here lot or what have you and you need to get your own phone, even if it is a prepaid. If you want to depend on him to provide these things for you instead of going out and getting them yourself then you have allowed him that control over you.

    You have to be strong and independant and get what you want for yourself.

    My ex and I bought a vehicle jointly because our credit seperately was not good enough, now that we are divorced and he kept that vehicle and is refusing to pay for it, the loan company is after me and ruining my credit further to try to get me to pay for this vehicle I don't even have. Just a lesson that I should have never allowed him that joint control over me because I pay for it even now that we are seperated.

    Be strong and good luck!

    Source(s): Single working mom of two and I don't need anyone to do anything for me but myself. If I want it, I'LL get it myself!
  • 1 decade ago

    Since your married see if in your state it's 50 =50 if it was purchased while married an your insured on the car than have fun just don't go out if your pis-ed.If he is a control nut you need to get it under control our it will only get worse.You should be happy that's why you married him.Why all the drama????

  • 1 decade ago

    If you just leave for a little while, he can't do anything about it - you're married, and it should be community property. The cell phone, I'm not sure. But, just have your name added to the account!

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  • Anonymous
    1 decade ago

    It doesn't matter who's name it is in cuz you are married! It could have either names on the bill but when you are married it is together. Cuz if you were to ever get a divorce in most cases and most state it is concern the both of yours.

  • 1 decade ago

    P.S. Even if you divorced and did get 1/2 of everything, he may have to sell the car and split the profit with you or if he still owes quite a bit, do you really want the payments, anyway?

  • 1 decade ago

    Well, if they're in his name, there's not much you can do. The silver lining is that even though they're in his name, if your marriage ever came to divorce, it would still be considered a marital asset.

    Seriously, though, only a controlling asshole will whip out the "it doesn't belong to you" card every time you have a fight. Show him your cooter sometime and tell him if he's that interested in being possessive, he should pay a rental fee every time you have sex with him.

  • 1 decade ago

    Technically if they are in his name then they belong to him. I think your bigger problem is that you are a very controlling relationship that does not sound good at all. If he's threatening you because you need to cool off or whatever I would seriously consider if this a relationship you want to be in.

    Source(s): My Opinion....
  • Anonymous
    1 decade ago

    It depends on what state you live in. Many states are community property states which means you own 1/2 of everything.

  • 1 decade ago

    its wrong and controlling - if you purchased it as a couple for you to drive it doesnt matter whose name is on it - my husband drove a truck that was in my name anywhere and everywhere - but we got it with the intent that it was ours and he would be the primary driver - change the name on your cell phone acct - he is not allowing you to be grown up - there isnt a law however you can change your actions and what you have - also have his possible reactions in mind especially if he gets angry quickly - much love

    oh i forgot - check your state laws in my state its 50-50 on property

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