Legal Question in Family Law in New York

I live in NY, been married since Nov 2010. Husband took off 3 weeks ago to go live with an ex-girlfriend. He took off in a car titled, registered, and financed in my name without my permission. The vehicle was purchased before the marriage in August of 2010. He believes he has a right to it as he gave me the $1000 downpayment (before we were married), however I paid all payments on it since then. I want the car out of my name for various reasons and have contacted the lienholder to do so. Since I dont know the exact address where he is living now, the lienholder has requested I report it stolen. I have given him a fair time to get it refinanced in his own name to avoid police involvement, but that time is drawing near, and he isnt doing anything about it, nor has he returned the car to me. My question is does he have any legal right to the car at all? Should I just report it stolen?


Asked on 2/27/11, 6:48 pm

1 Answer from Attorneys
Howard Knispel Howard E. Knispel, P.C.

Technically, absent a divorce case pending, the vehicle is yours. If a divorce case was started a court could determine the vehicle is marital property, however, you purchased it before the marraige and the presumption is that this is pre-marital, ie separate, property. You could report it stolen. Whether the police want to deal with him or not is another story. Typically they do not like to get involved with spousal property disputes. But at least you will have a police report to give to the lienholder.

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Answered on 2/28/11, 11:55 am


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