QUESTION

Is my spouse entitled to the car or proceeds from the sale?

Asked on Oct 10th, 2013 on Divorce - Michigan
More details to this question:
I am a student in the US on a student visa. I got married several months ago but the marriage has been a total nightmare pretty much from the beginning. What little money I brought went to a car and the rest the spouse took. I sold the car several weeks ago for school expenses. Now there is talk of divorce although no papers have been filed yet to my knowledge. Is she entitled to the car or proceeds from the sale? I asked this question before. I'm just trying now to be a little for detailed. I wonder because she has money from disability check each month. I am a student and have nothing.
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3 ANSWERS

Divorce Attorney serving Bingham Farms, MI at Gottlieb & Goren, P.C.
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The total marital estate is to be divided equitably which usually means equally. This includes the car. Her disability relates to whether you have to support her during and after the divorce. Your lack of income is certainly relevant.
Answered on Oct 11th, 2013 at 3:18 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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If the money you had BEFORE you were married was used to buy the car, the car would be considered a pre-marital asset and would not be subject to division.
Answered on Oct 10th, 2013 at 4:23 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Up to this point there is no court jurisdiction. Generally what went on prior to filing, to the point there is nothing left, is impossible to retrieve.
Answered on Oct 10th, 2013 at 4:22 PM

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