QUESTION
Can my husband take the vehicle from me with going to court?
Asked on Jan 04th, 2013 on Divorce - Texas
More details to this question:
I’ve been married to my husband for 7 years, but been separated for 1 year, and now I want a divorce. My husband gave me vehicle as a gift, but now he wants the vehicle back since we separated, he has being paying the car note for all these years, but I’ve done all the maintained on the vehicle, so the question I have can he the vehicle from me with going to court?
7 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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How was the vehicle titled? In your name alone, in both your names or in just his name? What other property is involved? In Idaho, you each are entitled to 50% of the community property and 50% of the community debt. You need to work through all of the property and debt to figure out if one owes the other. So, it kind of depends as to whether the car was community property or separate property and how it is titled will give some evidence of that.
Answered on Jan 10th, 2013 at 12:42 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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You need to hire an attorney to file a divorce petition for you. Also, you need to have that attorney to file a rule to show cause why you should not be granted exclusive use of the vehicle until the community property is partitioned.
Answered on Jan 08th, 2013 at 4:46 PM
If you need the vehicle then you should bring a motion in court to allow you at least the temporary use of the vehicle while the dissolution is pending. You should consult a family law attorney or facilitator to assist you with the proper forms.
Answered on Jan 08th, 2013 at 4:45 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You have equal right to the car until it's given to one of you in the divorce. File for divorce an ask for exclusive use and control of the vehicle.
Answered on Jan 08th, 2013 at 4:45 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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A gift is separate property and the divorce court cannot take it away. I suggest you hire a lawyer.
Answered on Jan 08th, 2013 at 4:44 PM
Dennis P. Mikko
In a divorce, a court has the duty to make a fair and equitable property settlement. To do this, the Court would have to know all the facts including all assets and debts in the marital estate. While it is possible for a court to award the car to your husband, without all the facts to suggest what a court might do would be nothing more than a guess. You should consult an attorney, who, after reviewing all of the facts, can better advise you in this matter.
Answered on Jan 08th, 2013 at 4:44 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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He may have a larger claim to the value of the vehicle than you do. Gifts from third parties are generally not subject to division in a divorce, but gifts between spouses can be divided by the court. Consult a skilled family lawyer. It's almost always worth it.
Answered on Jan 08th, 2013 at 4:44 PM