It all about who's name is on what. Your name is not on the lease so she has legal rights to keep you out of there. The car is in her name so again it is hers. Your best bet is to communicate with her to make sure she doesnt have the police involved to reagain possesion of her car or force you out of the apartment (if you tried to move back in). Since you are not sure if you will stay married the best bet is to get your own vehicle and place to live so no one can try to take it from you. Have a conversation with her to set up a timeframe for you to return the car so you are both in agreement. It wouldnt hurt to put it in writing.
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Submitted 272 days ago...
Marriage Seperation
Good afternoon and thank you for taking the time to answer my question. I live in North Carolina and am unfortunately going through a seperation in my marriage. I am hoping to reconcile at some point and avoid divorce. I have have two questions that go hand in hand. My wife lived in our apartment before we were married. She is the only one on the rental lease. Can she legally make me leave or do I have the right to live in that apartment as well? I actually did move put at her request 2 months ago but wondering do I have a legal leg to stand on should I want to move back in. Her father also gifted us a vehilcle that is in her name that I am still currently driving. She has another vehicle but is asking for the one that I am driving back. I plan on giving her this vehicle back but can I legally keep this vehicle until I purhcase another vehicle? The seperation is due to financial stress, not sure if you needed to know this. What kind of rights do I have? Again thank you so much for any help that you may be able to provide. Mike
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Answer 1 / 2
Submitted 271 days ago...
Answer 2 / 2
Submitted 111 days ago...
If the car is in her name then you can't do anything about that. If your not on the lease she can ask you to move out. I do not know why you would want to move back in if she does not want you to. If you both are thinking of getting back together than I would wait until you both agree to make that move. The thing is you have already moved out so you cannot do anything about her not letting you back in. If she wants the car back you have to give it back all she would have to do is make a police report to get the car back. It sounds like it is best not to make anything diifercult for her or you if your planing on wanting to get back together. Also you might want to talk with her and see if she would let you barrow the car until you got on your feet. If the car was a gift to the both of you then your name should of went on the title as well. Also when you got married you should of added your name to the lease.
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