QUESTION

Community property in a marriage

Asked on Oct 22nd, 2013 on Divorce - South Carolina
More details to this question:
My husband and I have been separated since July 6, 2013. He purchased me a car one year ago (in his name) and came during the night two weeks ago and took it from my residence. Do I have any options to get the car back?
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2 ANSWERS

Divorce Attorney serving Greenville, SC
Partner at McManaway Law, LLC
2 Awards
Do you have a temporary order from the family court?  If soand  each was ordered to keep the vehicle they were driving then he is in contempt.  If not t hen you need to file a Complaint for Separate Support and Maintenance so that you can prevent actions such as this.  There is technically no such thing as "marital property"  until a Complaint is filed with the court.  So if you are separated but have not filed anything there could be a lot of liability.  If your husband racks up debts, you may be on the hook for half the debt.  If he has money in your accounts he can spend it all and it would not matter because there is no court order to prevent it.  When you file a Complaint with the court then "marital property" is created.  You should  request a temporary hearing with your Complaint so that you can have some relief on a temporary basis.  You could ask for a restraining order wirh regards to all property and accounts.  You can get your vehicle back as well.   It does not matter whose name the vehicle is in.  It was purchased when you were married so it is considered marital property.  You may also be entitled to alimony, child support, and the marital home while you are waiting for the year to pass.  Also if your husband has you/children on his insurance policy he must maintain that until the divorce is final.  
Answered on Nov 05th, 2013 at 7:38 PM

This response is general in nature and should not be considered legal advice.

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This answer does not create a lawyer client/relationship.  I am both a S.C. attorney and board certified internist medical doctor.  S.C. does not have a legal separation, but is a state of separate maintainance and support.  Thus, dear lady you are married in the eyes of the law.  S.C. is not a community property state, but is an equitable distribution state.  This means that you need a good lawyer who can help you to obtain the results that you want, if a divorce is your only answer.  Depending on where you live in S.C., mediation would be your first step, and again you can do this yourself, or be smart and hire a lawyer, to protect your rights and hammer out an agreement during mediation or argue your position before a family court judge, should mediation fail.  My adise to you is to hire a lawyer. Michael G. Sribnick, M.D., J.D.  Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  
Answered on Oct 23rd, 2013 at 3:37 PM

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