QUESTION
Who is entitled to the truck after the divorce?
Asked on Nov 29th, 2012 on Divorce - California
More details to this question:
I am going through a divorce and I left with a truck that the title is in my name and the bill of sale is in his. Who is entitled to the truck? Do I have to take the truck back to him?
12 ANSWERS
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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Your divorce judgment should specify who gets the truck. Since you are going through the divorce, you have time to negotiate this.
Answered on Dec 02nd, 2012 at 10:26 PM
If the truck was bought during the marriage, it is community property. If he has a vehicle that he uses and you use the truck, it is likely that you can keep it. Property division is discretionary with the Court.
Answered on Dec 02nd, 2012 at 5:38 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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The truck is probably community property, meaning each of you is entitled to ? its value. Either one of you gets the equivalent in other community assets or it is sold and the proceeds divided.
Answered on Dec 02nd, 2012 at 4:41 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If it was purchased during the marriage, then it's presumed community property, so each of you owns 1/2 of it. Sell it and divide the proceeds. Or one buy the other's interest out. Opinion not legal advice.
Answered on Nov 30th, 2012 at 4:16 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You can settle that issue along with any other property concerns. Hire an attorney to review your case and resolve the issues to your best situation.
Answered on Nov 30th, 2012 at 4:16 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Your decree will say who is entitled to the truck.? The things you mention are meaningless in Washington state.
Answered on Nov 30th, 2012 at 4:15 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You both are entitled to half the equity.
Answered on Nov 30th, 2012 at 4:15 AM
Steven D. Dunnings
Who gets it according to the judgment
Answered on Nov 30th, 2012 at 4:14 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The judge will divide the assets and debts of the marital estate. The question of who gets a specific item is too narrow for an answer because it does not refer to the other assets and debts. I suggest you hire a lawyer.
Answered on Nov 30th, 2012 at 4:13 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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The value of the truck will be divided with all of the other marital assets and liabilities. You cannot say now who will get what, but there is a pretty good chance that you will keep the truck.
Answered on Nov 30th, 2012 at 4:12 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If there is a dispute regarding the possession and use of the truck the decision regarding that issue of be made by the court.
Answered on Nov 30th, 2012 at 2:16 AM
The trick belongs to you both. Don't take it back now. Make it part of your settlement negotiations.
Answered on Nov 30th, 2012 at 2:13 AM