Legal Question in Civil Litigation in Louisiana

If i have a car that has legally been in my name before i was married, and upon filing for divorce my spouse chose to keep the car which is not in their name, is they're anyting legal i can do to retrieve the vehicle?


Asked on 3/09/10, 11:40 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

For purposes of community property, the one who owns the car is not the person whose name is on the title. The law of community property states that any property (including a car) that you owned before the marriage is your separate property. So, that car you owned before you were married is still your separate property. Your ex owns no part of it.

Conversely, any property that is purchased during the marriage is presumed to be community property.

You should petition the court to order her to return your property immediately.

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Answered on 3/22/10, 5:06 am


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