QUESTION
Can I legally take the car if it is in both our names after divorce?
Asked on Sep 13th, 2012 on Divorce - New Jersey
14 ANSWERS
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 3:05 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It should have been divided in the divorce. If it is divided, and ordered her property it is hers even if the title has not changed.
Answered on Sep 26th, 2012 at 11:40 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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It depends upon what the judgment says.
Answered on Sep 20th, 2012 at 11:48 PM
You need to read your divorce judgment to whom was the car awarded? If each party was ordered to keep property in his/her possession, then the car becomes the property of the person in possession at the time of the judgment.
Answered on Sep 20th, 2012 at 3:50 PM
Michael Paul Vollandt
Any of your assets or debts should be divided one way or the other. If there is an omitted asset from the judgment it stays in the either until it is divided. If you take a car not yet divided you may have to give it back or give the other side the reasonable value of the car.
Answered on Sep 20th, 2012 at 3:36 PM
If you were awarded the car in the Divorce Decree, you would have a legal right to take the vehicle. If not, and you can show that the party is not following thru with any financial obligation owing on the vehcile, you can file a Motion for Relief, asking the court to Order compliance with the provisions of the Decree, or to modify the award so you can legally take the vehicle. If no monetary obligation exists, the situation is a lttle more complicated and will require legal assistance.
Answered on Sep 20th, 2012 at 3:34 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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The divorce decree controls. The car should have been awarded to one of the parties.
Answered on Sep 20th, 2012 at 3:19 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If the car is awarded to you in the property division, yes.
Answered on Sep 20th, 2012 at 3:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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What does the judgment of divorce say about the car, it controls.
Answered on Sep 20th, 2012 at 3:04 PM
Good question. Check your divorce papers to see if the car was part of the 'property settlement or Court Order'. It most likely is one of those and, if so, you must abide by the document.
Answered on Sep 20th, 2012 at 2:49 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The divorce process must decide who get the car and the title will have to be changed to reflect that decision. Once a court order says it belongs to one party, the other party has no right to it regardless of whether the title certificate gets changed in a timely manner.
Answered on Sep 20th, 2012 at 2:47 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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You can take it, you can't sell it. You are bound by the restraining order on the back of the summons if you have filed or been served. Problem is, they can also take it back (if they know where you work, live, frequent, etc.). You are better off coming to some type of formal agreement.
Answered on Sep 20th, 2012 at 2:45 PM
You can legally take the car if it was awarded to you in the divorce. If it says "or" between your names then either one of you can transfer title to the car; If it says "and" between your names, then both of you need to sign. If the other side won't sign, the court will direct the court clerk to sign it for DMV. Take a look at your divorce papers to see what it says. Also take a look at your pink slip to see what that says.
Answered on Sep 20th, 2012 at 2:45 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Whether you get the car depends on how equitable distribution is worked out between the parties. The fact that it is titled in both names is not the main point. The main point is that the car is an asset beneficially acquired by the parties during the marriage.
Answered on Sep 20th, 2012 at 2:37 PM