QUESTION
If I file for divorce, can I make her pay for the car?
Asked on Dec 22nd, 2015 on Divorce - Indiana
More details to this question:
I caught my wife cheating when I ask her about it, she said it was over and she never returned home. Since I had no family or support there, I left and move home with my family and brought the car and my belongings left the house (rental) and furniture. Since then, she has been threating to call to police on me and have me arrested for stealing the car. How should I move forward with this? Does it matter that the car is in her name and I paid the down payments and made payments and have receipts?
2 ANSWERS
Yes it does matter. It is her care unless and until you get a court order saying otherwise. You have no right to the car until a case is filed. At that point it becomes marital property. You then need a court order giving you the right to possess the car. Unless you take those steps you have to turn over the car to her.
Answered on Jan 11th, 2016 at 5:29 PM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
You need to get a divorce on file to protect your rights. It is unlikely, though not impossible, that she will find a prosecutor to press this case given these facts.
Answered on Jan 11th, 2016 at 5:27 PM