QUESTION
Do I keep the car that my husband gave after divorce me even if it is in his name?
Asked on Sep 08th, 2012 on Divorce - Colorado
More details to this question:
My husband and I are separating. I want to file for divorce but I do not have the money for legal fees.
11 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If the car is in his name you may not be able to keep the car. If you are talking about selling the car in his name for legal fees that would even be more risky. It could cause criminal problems.
Answered on Sep 14th, 2012 at 4:35 PM
If the car was purchased during marriage, it is a community asset and the state of the title is not relevant. You should consult a family law facilitator to assist you with the paperwork.
Answered on Sep 14th, 2012 at 4:29 PM
Unless one of you is "at fault" for causing the break-up of the marriage e.g., domestic abuse, alcoholism, drug addicition), the marital estate (all that was acquired during the marriage) will be divided about equally between you. You would be wise to make a written property settlement agreement, dividing up the cars, wedding gifts, all other personal property, and even any real estate acquired or paid on during the marriage. It would be best if you got an experienced attorney to help you s/he can always petition the court for attorney fees, especially if you have no income.
Answered on Sep 14th, 2012 at 4:19 PM
Have you considered Mediation? Mediation is Fast, Effective and Affordable (much less than paying an attorney). If you and your spouse agree to Mediation, it might be the way to go.
Answered on Sep 14th, 2012 at 4:15 PM
Leonard A. Kaanta
It should be in the divorce judgment, if usually the person receiving the property pays the debt on it.
Answered on Sep 14th, 2012 at 4:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should keep the car which you were driving and transfer the title, eventually to your name. As for the divorce, you should seek legal aid or file in pro per.
Answered on Sep 14th, 2012 at 4:04 PM
4 Awards
It depends. Wisconsin is a marital state, so the presumption is half to each spouse; however, it will mostly depend on how well you prove your case.
Answered on Sep 14th, 2012 at 4:02 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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It depends on what the court finds to be fair and equitable.
Answered on Sep 14th, 2012 at 4:00 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Assuming the car was bought with community property funds (income earned during marriage) the car will be included as an asset in the community estate. It will be awarded to one of you as part of the equitable distribution of all of your property.
Answered on Sep 14th, 2012 at 3:59 PM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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If he has a car, then you will likely be awarded one of the cars, plus the debt thereon.
Answered on Sep 14th, 2012 at 3:55 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Division of property and debts is, first and foremost, a matter for you and your husband to discuss and attempt to reach a comprehensive agreement you both ;believe is fair and can both live with. If you agree, a court will simply accept your agreement and make it a court order. If you can't agree, a judge will have to decide what is a fair. There are no fixed rules for how you or the judge has to decide what is fair. The name on the title to property does not control what can or should happen to the property. If the property was acquired during the marriage, it is considered marital no matter whose name is on the title.
Answered on Sep 14th, 2012 at 3:54 PM