Who keeps the car when spouses separate in Tunisia?

Answer by the AvoConsulte editorial team

In principle, each car belongs to the person it is registered to, and the car in both your names is owned by you both. So you cannot stop your husband from taking back the car registered in his name alone, but you do have rights over the jointly owned car, which you can assert before a judge.

Separation of property is the rule

The default regime for spouses in Tunisia is separation of property: each keeps their own assets. Joint ownership (communauté), under Law No. 98-94 of 9 November 1998, is optional, chosen at the wedding or later, and mainly makes the family's real estate jointly owned. It does not cover cars unless the spouses expressly agreed to extend it. Check what your marriage certificate says.

The car in both names

The registration certificate (carte grise) shows whose name the car is registered in. A car in both names belongs to both of you: neither should sell it or treat it as their sole property. You can agree that one keeps it and compensates the other, or sell it and share the price; otherwise the dispute goes to court. Keep the purchase documents and proof of what you paid towards it.

What to do now

• Do not take matters into your own hands or hold on to a car that is not yours: it could weaken your position.
• Once divorce proceedings start, the family judge orders urgent measures on housing, maintenance, custody and visiting. Your lawyer can also raise the use of the cars, especially if you need a car for the children.
• If taking the car back comes with threats or violence, call the police or the national guard.

A lawyer will work out the best route with you: a written agreement, a request to the family judge, or a claim to divide the jointly owned property.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. منشور مشترك عدد 16 لسنة 1999 حول تطبيق القانون عدد 94 لسنة 1998 المؤرخ في 9 نوفمبر 1998 المتعلق بنظام الاشتراك في الأملاك بين الزوجين مركز المرأة العربية للتدريب والبحث (كوثر)
2. Code du Statut Personnel – Livre II. Du divorce (art. 29 à 33) Jurisite Tunisie