QUESTION
If I sold my car, is my spouse entitled to the car?
Asked on Oct 10th, 2013 on Divorce - Texas
More details to this question:
I sold my car several weeks ago. Now there is talk of divorce. Is my spouse entitled to the car? No paperwork had been filed when the sale was made.
8 ANSWERS
William M Stoddard
No, acts of the spouses bind the other spouse. Your sale meant she could not object later.
Answered on Oct 11th, 2013 at 4:23 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Worse case: You'd be accountable for the sale proceeds.
Answered on Oct 10th, 2013 at 3:03 PM
Bruce Provda
If you were only on the title and her name wasn't and you've already sold it there's no getting it back now. The money you received though would be joint marital assets.
Answered on Oct 10th, 2013 at 2:34 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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if its sold its not yours anymore so she has no claim.. she may have a claim on the proceeds of the sale though..
Answered on Oct 10th, 2013 at 12:03 PM
4 Awards
Your spouse may be entitled to one half of the proceeds from the vehicle. There are many facts an attorney or judge would need to know before advising you or deciding that, however. For example, the car that was sold was it yours before you married, given to you as a gift, or purchased together? Were the proceeds used to buy a new car which you will take out of the marriage when the divorce is finalized? Visit with a local attorney about your facts, and your rights/responsibilities.
Answered on Oct 10th, 2013 at 11:43 AM
No, sales of property while you are still together does not give rise to any entitlement on his part. You should discuss all of the facts with a family law attorney who can then advise you how to respond to any claim made about the car.
Answered on Oct 10th, 2013 at 11:40 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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There's obviously more to this story than you are sharing, but based upon what you have stated: If the car is in your name alone or in the name of "You or Spouse," then you are free to sell the car without her consent (that doesn't mean you should, but you can). The proceeds from the sale of the car are marital funds if the car was purchased during the marriage with marital funds or if the car was titled in your name and hers. Either way, she is not entitled to the car, but will likely be entitled to half the proceeds of sale.
Answered on Oct 10th, 2013 at 10:59 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If you owned the car, you're entitled to sell it.
Answered on Oct 10th, 2013 at 10:40 AM