New Providence, NJ Divorce Law Firms & Lawyers

Proceeding down the path you are pursuing will be the quickest way to get your wife to file a domestic violence complaint against you and having your world turned further upset down. You are married and you and your wife have a car with payments on it. As part of a divorce, one of you will end up with that vehicle and presumably the payment obligations associated with it as well. So, instead of stressing out and looking to create unnecessary issues for yourself, go meet with a family law specialist and get educated on your rights and your responsibilities as part of the divorce process as opposed to threatening your wife about her driving the car. Let me give you an insight – you acknowledged that you and your wife purchased a vehicle in 2019 and after its purchase, your wife has been driving it and now that you have decided to divorce her, you feel she should no longer be permitted to drive it and you are trying to figure out how to take it away from her and you are trying to rationalize your view. After being a family law specialist for the past 34 years, I can promise you that if you try and take that car away from your wife, you will be looking at a domestic violence setting, where your wife will state that you are engaging in harassment type behavior and took her car away from her to punish her and I can promise you that 96.275% of the family law judges in the state will view your actions as harassment and if so, impose permanent restrictions on you and more likely than not, require you to immediately return the car to your wife as well. So, meet with a family law attorney, get educated and do things more constructively in your divorce, so that there are fewer consequences to your actions. 

You can easily look up the deed on the county clerk's website for the county in which the property is located.  If at the end of the year, your name has not been removed, you can file a motion to enforce litigant's rights.  This is something you can do without an attorney. Good luck !  

Thank you for your question. Whether the mortgage is in one name or both on marital property does not make it only one person’s liability. Even if only one name is on the mortgage, both parties would still be liable for the debt if it is marital debt. By having only the mortgage in your name, would make it easier for you to buy him out in the event of a divorce, since you would not need to refinance again. If the mortgage is in both names, a refinance would need to occur for a buyout. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.