QUESTION
Do I have rights to our property during a divorce?
Asked on May 11th, 2015 on Divorce - Nebraska
More details to this question:
Can a co-buyer have my car repossessed even though I am the only one who uses it? We just started a very nasty divorce and my husband is going to take my car. Do I have any rights against it at this point? I have moved out of the house with our children.
9 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Only the lender can have a car repossessed.. and if the car is being paid for (e.g. the monthly payment is being made) it is unlikely to be repossessed.
Answered on May 12th, 2015 at 10:57 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Make a motion for temporary orders and ask the court to give you use of the car pending the final division of property.
Answered on May 11th, 2015 at 5:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Is apparent that you are having great difficulty at this moment. Therefore I would suggest that you engage counsel immediately, get the court's jurisdiction over the relationship and some orders into effect to prevent this.
Answered on May 11th, 2015 at 5:13 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes, you have plenty of rights in particular, your right under the marital property laws to a one-half undivided interest in all the property either or both of you have acquired during the marriage. You really need to retain an experienced family law attorney a.s.a.p She or he will likely move for a Temporary Order giving you the vehicle (at least until a final divorce is granted). You should also have appropriate child support, health insurance, and much else. This is when you need a lawyer most. Good Luck.
Answered on May 11th, 2015 at 5:04 PM
If the title to the car is in both your names, the answer is NO he cannot repossess it. If the title is in his name only, he may be able to get the car back. Don't forget, however, if there is a loan on the car, the lending company can repossess it if payments are not made, no matter whose name is on the title. I would suggest you seek the advice of a Certified Family Law attorney to represent your interests. Don't wait. Time is of the essence.
Answered on May 11th, 2015 at 4:31 PM
Bruce Provda
Yes, you have rights to the property and your attorney should talk with you about temporary orders some of which are automatic and some you may have to petition for.
Answered on May 11th, 2015 at 4:30 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Yes. Please consult your case orders. You may need to get a new order.
Answered on May 11th, 2015 at 3:38 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You need to get a court order granting you use and possession of the car during the divorce.,
Answered on May 11th, 2015 at 3:37 PM
4 Awards
You should consult with an attorney right away. If the car payments are current, your spouse should not be able to have it 'repossessed.' However, your safest course of action is likely to obtain some temporary orders as to child/spousal support/use of assets while your divorce is pending. A local lawyer can discuss your rights and obligations and outline your options after discussing your specific facts confidentially with you. Best wishes!
Answered on May 11th, 2015 at 3:37 PM