QUESTION
Do my proof of payments/name on insurance hold any weight in keeping the car or should I just let it go?
Asked on Jun 11th, 2014 on Divorce - California
More details to this question:
I'm about to separate from my wife as our relationship has broken down. I'm planning to leave the house and file for a divorce but I have a problem. About the same time we became married, she financed a car in her name so I had something to drive. I wasn't able to get one in my name since I went through a bankruptcy. Long story short, I've been paying the note and insurance for two years and now that I'm leaving, she's threatening to report the car stolen if I take it with me. Do I have any claim to the car or should I just leave it and try to buy one on my own? I don't want to leave her with the debt of the car and would prefer to continue driving it, eventually financing it in my name now that my credit is improving. Can she actually report the car stolen?
8 ANSWERS
When you file you, you need to ask for an immediate order of the court granting you the exclusive use of the automobile. You should consult a family law attorney to assist you with the paperwork.
Answered on Jun 13th, 2014 at 7:01 PM
Bankruptcy & Debt Attorney serving St. Augustine, FL
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St. Johns Law Group
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The automobile is technically your wife's non-marital property because it was purchased prior to the marriage, but law enforcement will not do anything if she does report it as stolen because you are married. Does she have a car that was purchased during the marriage? If so, in Florida you have a right to at least half of the value of that car which could be used as a bargaining tool in the divorce. You should speak with an attorney right away.
Answered on Jun 13th, 2014 at 7:01 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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File for a divorce.. motion for a "Status Quo" order that allows you to keep the car if you do not know how to do this contact an attorney.
Answered on Jun 13th, 2014 at 7:01 PM
Divorce Attorney serving New Orleans, LA
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Zitzmann Law, LLC
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Because the vehicle is a movable that has a mandatory registration system, it sort of complicates the process. Also, it is important whether or not the vehicle was purchased before or after the marriage and what funds were expended to purchase it. Depending on the facts, you might have a claim to part of the car as your interest in community property or as reimbursement for contributing to separate property.
Answered on Jun 13th, 2014 at 7:01 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If it's in her name she can report it stolen. Under the circumstances, the police would probably take the car but it's unlikely you'll be charged. You don't say if she has another car to drive. File for a divorce and make a motion for temporary orders in which you ask the court to have use of the car and ask the court for permission to refinance the car. Meanwhile, you've been making payments out of income which is a community asset, so both of you have been paying for the car, not just you, regardless of who wrote the checks or whose name is on the account. I suggest you get a lawyer so you can actually make a case and have some understanding of the law that governs your situation.
Answered on Jun 13th, 2014 at 7:01 PM
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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If the car was purchased after you two married, it is considered community property. That means you have just as much right to the car as she does, even if it was only financed in her name. If the car was bought before the marriage, she may be able to claim it as her separate property, but you can make the argument that you've been making the payments and covering the insurance and entitled to reimbursement for your payments. She could report the car stolen, but once you explain that the car is the subject of your divorce, she will be informed that the status of the car is a civil matter.
Answered on Jun 13th, 2014 at 7:01 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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If the car was purchased during the marriage, then not only do you not have to worry about your wife "successfully" reporting the car as stolen (she can't), you actually have ownership rights in the car because it was acquired during the marriage, and is thus marital property. Even though the car is titled in her name and financed in her name, you might still have the car awarded to you in the divorce because it's marital property, and title and loan will not prevent the court from being able to award it to you, if the court deems the award of the car to you to be an equitable division of marital property.
Answered on Jun 13th, 2014 at 7:01 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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The car is communist property. You each own one half the asset and one half the debt.
Answered on Jun 13th, 2014 at 8:43 AM