QUESTION
If my wife sold me a car and I had the bill of sale from her to me. Can she take it back in a divorce?
Asked on Oct 05th, 2012 on Divorce - Ohio
More details to this question:
If my wife sold me a car and I had the bill of sale from her to me. Can she take it back in a divorce? My wife and I are getting a divorce; prior to the pending divorce we had a loan together for an car. I was the co-signer on the loan, she was the primary. After about a year of her making payment and using the car, she wanted newer car. I agree to finish paying the loan if we didn't re-finance the loan and I got a bill of sale from her to me. Well now that the talk of divorce is more intense, she has removed my name from the loan and took over the payments. Now with the loan in her name can she take the car from me even if I have a bill of sale? What can I do to stop her? The car has been in my possession since 21 May 2012. I plan on filing for divorce in Ohio.
2 ANSWERS
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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The car will be part of marital property. Who ends up with the car will depend upon the negotiations on the marital property. Please talk with a family law attorney soon. You will need to discuss what other "purchase" transactions have taken place during your marriage.
Answered on Oct 08th, 2012 at 8:07 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The car is marital property. If you and your wife were living together when the payments were made, all equity is marital. If you were living apart, you may be able to argue that the equity built from the payments you made is solely yours. You need to consult a local attorney on this and any other issues in your divorce.
Answered on Oct 08th, 2012 at 8:07 PM