Legal Question in Family Law in Texas
Community Property
In Texas, if a car was purchased during the marriage, but the title is in the husband's name, will the wife be arrested for motor vehicle theft if she drives it out-of-state to establish a new, separate residence? There is a second car which he purchased before the marriage. The wife does not own a car. Thank you in advance.
2 Answers from Attorneys
Community Property vehicle
In WA, you would have an interest in the car. In addition, a dissolution would provide you with one vehicle and this would be the logical one.
The real question is whether he is getting the value of his half of the car? The best way is to negotiate an agreement, complete with achange in ownership.
The next best way is to have a court order.
The next best way is to do it and let him know that you will give him equivalent value.
The least positive method is to take the car and hope that a policeman in another state would buy your story. Of course, if your husband presses charges when you have given him value or notice, he may be criminally and civilly liable. But you don't need that battle.
By all means, check TX law. You can start here at one of my pages: http://www.olywa.net/PrebleLaw/statelaw.htm#Top
Community property vehicle
The car would be what in Texas is called "sole management community property" in that it is community property but is titled in the husband's name. In my humble opinion, you can't steal something you own. Whether a policeman in another state (or even in Texas) would understand and appreciate this point, who knows? Also, there are some laws on the books about taking encumbered property out of the state with intent not to return - it may be a crime with respect to the lienholder rather than your husband. In short, I wouldn't do it if I were you.