QUESTION
If the title of our car is in both our names, can my husband claim it as his during the divorce?
Asked on Jul 12th, 2012 on Divorce - Florida
More details to this question:
My husband filed for divorce during my absence of the country. We both own a car, we bought it in our marriage, it is paid off, the title is in both names and says "OR". We both drove the car. Can he remove my name off the title without my permission or without my presence?
3 ANSWERS
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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If title was held "or" yes he can. But you can ask a judge to award it to you as part of a divorce action.
Answered on Aug 13th, 2012 at 5:45 PM
The vehicle is a marital asset as it was obtained during the marriage. As such, it is subject to the distribution of assets as ordered by the court in the dissolution of marriage proceedings. Be sure to keep the documents indicating that the vehicle was purchased during the marriage.
Answered on Aug 13th, 2012 at 2:28 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, he could get a new title in his name only. But that may come back to haunt him. It is a marital asset and you will be required to decide who gets it or the judge will determine who gets it.
Answered on Aug 13th, 2012 at 2:02 PM