[TX] Can a spouse take away a stay-at-home parent’s vehicle during an uncontested divorce before the decree is signed?

Lexi, Chatbot

I understand that navigating divorce can be challenging, especially when it comes to asset division. Has the divorce process already begun, or are you still in the early stages?

Lexi, Chatbot

Are there any specific assets or debts that you and your spouse have discussed dividing?

Benjamin

Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I understand you're dealing with a situation where your spouse might take away your vehicle during a divorce. Could you share more details about any specific concerns or questions you have regarding this situation?

What state are you in?

Whose name is listed on the car title?

Benjamin

Since you're in Texas and dealing with an uncontested divorce, it's good to understand where things currently stand.

Right now:

• Your agreement is not enforceable

• Either party can legally walk away

• The court will default to community-property division if no agreement exists

If he decides to “split everything down the middle,” the court could:

• Divide the equity in the vehicle rather than guarantee your continued use

• Order the vehicle sold or offset with other assets

• Leave you responsible for payments if the car is awarded to you

This is the moment of highest risk—not after January 6.

The Child Support Deferral Is a Major Red Flag in Texas

Texas courts do not permit parents to waive or defer child support by private agreement unless it is explicitly approved by the judge.

That means:

• Even if you “agree” to defer support, a judge can:

  • Reject the decree

  • Order guideline child support anyway

  • Treat his car and mortgage payments as voluntary, not child support

If the decree is rejected, the entire agreement collapses—including your vehicle protection.

If He Backs Out and Demands a 50/50 Split

Texas courts divide property in a “just and right” manner—not strictly 50/50. (TX Fam Code § 7.001)

Given that:

• You were a stay-at-home mother for 10 years

• You have primary care of 3 minor children

• You are finishing school

• He is the sole wage earner

A Texas judge would very likely:

• Award you exclusive use of the vehicle

• Offset equity elsewhere if needed

• Assign him continued responsibility for payments or reimbursement

What You Should Do Immediately

A. Lock the Vehicle Issue First

Insist on written decree language stating:

• You have exclusive use and possession of the vehicle

• He is responsible for the car note and insurance

• The obligation survives remarriage or job changes

• Title transfer occurs after the 2-year period

If he refuses, assume the agreement is unstable.

B. Fix the Child Support Structure

Instead of “deferring” child support, the decree should state:

• Child support is set at $0 or reduced for 24 months

• Payments on the mortgage and vehicle are in lieu of guideline support

• The court finds this arrangement is in the children’s best interest

C. If He Threatens to Take the Car Now

• That is grounds for temporary orders

• Judges act quickly when children are affected

• This behavior would seriously hurt his credibility

Bottom Line:

• Do not rely on verbal promises

• Do not finalize anything without clear vehicle language

• Do not leave child support informal

Texas law still protects your access to transportation and stability for your children.

Benjamin

In Texas, divorces where couples reach their own agreements often proceed more smoothly because they reflect the unique needs of both parties. However, those agreements must still comply with Texas law—especially regarding child support and property division.

Good luck, and please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. Thank you, and have a wonderful day!