QUESTION
Can I take this car back due to knowing he has an inability to pay for the car and the insurance?
Asked on Dec 26th, 2012 on Divorce - California
More details to this question:
I bought a car while deployed overseas. The car is solely registered in my name and the lien as well. I want the car back from my soon to be ex, we have filed for divorce. He was going to pay me while the divorce was in process but since filing has lost his job, he quit.
12 ANSWERS
Family Law Attorney serving Brunswick, GA
at
Vincent D. Sowerby
Update Your Profile
All issues pertaining to the car need to be resolved in the divorce.
Answered on Jan 04th, 2013 at 4:08 PM
Divorce & Separation Attorney serving Baton Rouge, LA
at
George E. Downing, Jr. Attorney at Law
Update Your Profile
The fact that the car was in your name may not take the vehicle out if being community property. However, a Rule can be filed on your behalf requesting that you be granted exclusive use pending partition of the property.
Answered on Jan 04th, 2013 at 3:55 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
Regardless of to whom it is titled, the car is marital property. If he won't give you the car voluntarily, you have to file a motion for the court to order it returned.
Answered on Jan 04th, 2013 at 3:46 PM
Car Question - In Oregon, when a Petition for Dissolution of marriage is filed and the respondent has been served, an automatic Statutory Restraining Order comes into effect which prevents either party from "transferring, encumbering, concealing or disposing of property in which the other party has an interest" without the written permission of the other party or an order of the court. While you may have bought the vehicle on your own and are the only obligor on the car loan, there is a rebuttable presumption that all property acquired during marriage is marital property until proven otherwise. In order to acquire that vehicle, you will need either a written agreement with your soon-to-be ex-spouse or an order from the court which would require a written motion. If you have a lawyer already, ask him or her about this process. If you are pro se (on your own without a lawyer) you probably need to get one involved in the process of bringing a motion. The fact that he lost his job and cannot pay for the loan or insurance sounds like an adequate for the court to grant the motion.
Answered on Jan 04th, 2013 at 3:13 PM
Family Law Attorney serving Hackensack, NJ
at
The Law Offices of Stuart Jon Bierman
Update Your Profile
This seems like a complicated situation. Seems your soon to be ex-husband could oppose you in court if he wants to try to hang onto the car by requesting some sort of temporary alimony. It might be a good idea to hire an attorney to assist you by filing the right type of motion with the Court so that you can protect your legal rights and also get out of the marriage.
Answered on Jan 04th, 2013 at 3:04 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
If he will not give you the car voluntarily, then file an appropriate motion in the family court. Your lawyer will know how to do this. It seems like a good idea. (If you don't have a lawyer in your divorce, it's usually a good idea to hire one.)
Answered on Jan 02nd, 2013 at 5:44 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Take care of it in the divorce and make it a requirement that he turn the car over to you.
Answered on Jan 02nd, 2013 at 5:43 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Your question and concerns must be dealt with in the divorce settlement process, either by agreement with your spouse or by a judicial ruling.
Answered on Jan 02nd, 2013 at 5:43 PM
Divorce Attorney serving Southfield, MI
at
Do It Yourself Divorce, PLLC
Update Your Profile
Yes and no. The vehicle is a marital asset in that it was acquired by the parties to the divorce during the marriage. If he perceives the car as an asset for him to drive your taking it away may be seen as an intentional depletion of an asset that was to be divided by the court. On the other hand the court wants the parties to preserve assets and you wasting money on a car he is not entitled to or can afford may be seen as wasting. I must assume you have an attorney filing your divorce, please ask that attorney or agree to the sale, if possible, in writing.
Answered on Jan 02nd, 2013 at 5:43 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
file for a hearing to get exclusive use and possession of the car.
Answered on Jan 02nd, 2013 at 5:42 PM
Divorce Attorney serving Frisco, TX
at
Mackoy, Hernandez, Jones and Woods LLP
Update Your Profile
You are entitled to deal with the car in any way you select because you are the registered owner of it. However, taking the car back to the lien holder may result in them demanding payment for whatever losses they claim to have by reason of not being paid, decrease in value of the car, etc. I suggest you hire a lawyer.
Answered on Jan 02nd, 2013 at 5:41 PM
Family Law Attorney serving Petaluma, CA
at
Law Office of Erin Farley
Update Your Profile
Try and negotiate a return of the car with your ex. If that doesn't work, you can request an order that your ex either return the car or get a loan and insurance in his own name.
Answered on Jan 02nd, 2013 at 5:40 PM