Question asked on Dec. 18, 2020
Q: Me and my husband are married he has taken my car without permission. He has been gone with my car for three days. The car is a rental car and I am the only driver that can drive the car. He also has no DL.
A: If you are the only party on the rental, then the car is your responsibility. The decision to charge for theft belongs to the D.A., but as a matter of civil responsibility, you could be held liable if you “permitted” an unlicensed driver to take the car and did nothing to try to report it. You should probably tell the rental agency that the car has been taken by your husband without your permission, and it will be up to them to decide what to do about it.
Frequently Asked Questions
Can I report my car stolen if my husband took it without permission?
You can report it, but whether your husband is charged with theft is a decision for the District Attorney, not for you. Being married does not give a spouse automatic permission to take a vehicle, and if the car is a rental on which you are the only authorized driver, the car is your responsibility and the rental agency needs to know it was taken without your consent. Reporting the situation promptly also protects you from later claims that you allowed it.
Am I liable if my husband takes my rental car and he has no driver's license?
You could be. If you are the only party on the rental agreement, the car is your responsibility, and as a matter of civil liability you could be held responsible if you are found to have permitted an unlicensed driver to take it and did nothing to report it. That is why the firm recommends telling the rental agency right away that your husband took the car without permission; it then becomes the agency’s decision how to proceed.
Who decides whether my husband will be charged for taking my car?
The District Attorney. A spouse can make a police report, but the decision to file a theft or unauthorized-use charge belongs to the prosecutor, who will consider the facts, including that the parties are married and whether the car was community or separate property. Your own exposure is civil, through the rental contract, which is a separate question from any criminal charge against your husband. Willick Law Group can review your situation in a consultation.
Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American and International Academies of Matrimonial Lawyers, former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML.
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