Who has the rights to a car in a community property state?

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Who has the rights to a car in a community property state?

My husband and I decided to separate this morning; we have a covenant marriage. We only have 1 car and when we went to buy it we had to have my husband’s mother co-sign. So my husband is the primary and my mother-in-law is the co on the registration. He says if I take the car that he will call the cops because the car is not in my name. But does the community property law cover this, meaning that it is half mine and I am legal to drive it?

Asked on July 13, 2011 under Family Law, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Community property is property acquired during marriage.  Separate property is property acquired before marriage or after the marriage ends.

Since the car was purchased during marriage, it is community property which means you and your husband each have a one half interest in the car.


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