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He just bought her a new car but he put it in his name. if she leaves him can she keep it. this is her only car it get to work.
Asked on May 13, 2009 under Family Law, Ohio
Answered 15 years ago | Contributor
She may very well be awarded the car in the divorce however she will be forced to refinance it (if there is a loan on it). In Ohio since they are married, this is marital property. She needs to file in court for a divorce and ask for possession of the car during the pendency of the divorce.
Ohio is a "separate property" state. This means that title is everything. If the car is in his name, it will be viewed as his car. If she simply takes it, she could be accused of stealing the car. She should work it out with him if possible so that he transfers the car to her name or at least adds her name to the title. If they can't work it out, it will have to be one of the many items the court will have to deal with during the divorce.
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