united-states property new-jersey
Marital property in NJ: spouse have right to use car?
<p>The question is simple, but the situation is anything but. The bare bones info: my friend's son is a new driver who just had a minor, but scary, brush with the law. There is an extra car in this family, as my friend's husband kept his existing car when he purchased a newer one. </p>

<p>Hoping to get her son's attention, my friend would like to store his somewhat sporty car at another location, while her son would drive her own 15 year-old car, and she would use her husband's older car. This way the stored car would be an incentive toward some improvement and responsible behavior on her son's part, before it would be his to use again.</p>

<p>My friend's husband is refusing to "allow" her to use the car, as his way of forcing his own idea that the sporty car should be sold as a punishment. Does my friend have a right to the car as marital property, even though it's in the husband's name only? </p>

<p>They've been married 25yrs, so everything mentioned here has been acquired during the marriage, and, if it matters, she is the primary earner, but did not pay for the car.</p>

<p>I'm not intending this as a discussion of parenting, and no one is talking divorce or any other legal action, I would simply like to know whether the car is jointly owned (and hers to use) under NJ law, even though his name is the only one on the title. </p>

<p>I hope this is an ok question for this site. 
Thanks much!</p>

<p>New Jersey is not a community property state, but it is an <a href="https://statelaws.findlaw.com/new-jersey-law/new-jersey-marital-property-laws.html" rel="nofollow noreferrer">equitable distribution</a> state. This means that in a divorce marital property is divided, not automatically 50-50, but in a way that seems financially fair to the supervising judge, or according to an agreement entered into by both spouses. This also means that the state considers a car bought during the course of the marriage "marital property". There are also special rules for property bought before May 28 1980, which do not seem to apply in the case in the question. </p>

<p>However, "marital property" mostly applies when a marriage ends which the question says is not in view here. NJ does allow for a car to be titled to only one, or to both. A title with both names may read "John Doe OR Mary Doe" or "John Doe AND Mary Doe". In the AND case both spouses must sign to sell or borrow against the car, in the OR case either signature will do. If only one name is on the title, that person must sign to sell or borrow.</p>

<p>If it comes down to a dispute, the person whose name is on the title can decide where it is to be garaged, and who has permission to drive it. If the "sporty" car is in the name of both parents, either could move it to some other location, and either could move it back. Going back and forth could easily get ugly. </p>

<p>If both names are on the 'sporty' car's title with an OR, the husband could sell it without consulting the wife. if there is an AND he would need her to agree.</p>

<p>If the older car is in the husband's name alone, he could deny the wife or the son the right to drive it.</p>

<p>The wife could, of course, buy a different older (used) car and allow the son to use it.</p>

<p>Obviously it would be a good idea if the husband and wife came to a voluntary agreement about all this, but no law requires them to do so.</p>
