QUESTION
What can he do to keep possession of a vehicle after a divorce?
Asked on Mar 30th, 2015 on Divorce - Florida
More details to this question:
My brother is going through a divorce and both of his vehicles were in his wife’s name. Before things went totally vindictive, they went to the bank and had a paper notarized saying that he would maintain possession and payments of the F150 pickup truck that he had been driving and continues to drive. Unfortunately, now she has been threatening to take his truck away and wanted him to get his own license plate. As you know, if you are not on the registration, you can't just put a tag on a car; so he had the address changed on the registration to his address so all correspondence would come to him. She has now threatened legal action for him changing the address and has cancelled the registration on the truck. He does not have good enough credit to refinance the vehicle, or he would have done that a long time ago. The car was bought during the marriage and is marital property. She also has the other vehicle that was bought during the marriage which is also in her name. My brother has maintained possession, as well as payments since there separation over nine months ago. The divorce is not final yet. Please let me know what legal recourse he has at this point in regards to this matter and how he can resolve this ASAP. Thank you.
5 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Cannot answer. Have all the paperwork reviewed by an attorney immediately.
Answered on Apr 01st, 2015 at 10:20 AM
John Arthur Smitten
Tell it to the judge at the divorce final hearing. Use of a lawyer is recommended.
Answered on Apr 01st, 2015 at 4:34 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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If your brother is in the middle of a divorce, then the judge will decide what happens to any marital assets and any marital liabilities, when it divides them as part of the equitable distribution. The court will generally not look kindly on either of them engaging in any monkey business with respect to the vehicles, and it generally makes no difference whose name the vehicles are titled in if they were acquired during the marriage, as they will be marital assets regardless. If necessary, your brother's attorney can file a motion with the court regarding the vehicles, and may want to look into using the notarized agreement they reached regarding his truck. If he is not represented by an attorney, he should seriously consider engaging one immediately, to discuss the specifics of his situation and his options.
Answered on Apr 01st, 2015 at 4:33 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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He needs to get an attorney if he has not already done so. That is probably the quickest way to get things resolved. The attorney will probably insist on mediation in the near future.
Answered on Apr 01st, 2015 at 4:30 AM
The Court has probably kept jurisdiction over the matter, so he can go back to Court and have the Court force her to turn over the vehicle. Good luck.
Answered on Apr 01st, 2015 at 4:30 AM