QUESTION
Is there a way to legally take the cars when I am divorcing my husband?
Asked on Oct 10th, 2011 on Child Custody - Colorado
More details to this question:
I am leaving my husband. I need to take my car and my daughter, who is going with me, needs her truck. Both are in his name, but the insurance is in mine. Is there a way that we can legally take both vehicles with us and he can't take them back?
11 ANSWERS
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Get temporary orders.
Answered on Jun 11th, 2013 at 2:06 AM
Glen Edward Ashman
No.
Answered on Jun 03rd, 2013 at 1:10 AM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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If you purchased them during the marriage with marital funds, you may legally take them.
Answered on Oct 28th, 2011 at 1:21 PM
Steven D. Dunnings
Get an order from the judge handling the divorce. Your question suggests that you should hire an attorney.
Answered on Oct 28th, 2011 at 1:21 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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File for a disso and file an OSC re exclusive use.
Answered on Oct 13th, 2011 at 2:15 PM
The cars are marital property if they were acquired during the marriage. The fact that they are titled in your husband's name does not mean you have no rights. Their disposition has to be determined by a judge if you can't come to an agreement with your husband. There is no magic formula for cars just because one needs the car but the court does take into consideration all factors. including need, who used the cars during the marriage, etc. One logical approach is to make some arrangement with your husband as to teh downpayment (for example, he gets credit for 50%) and you take the car and make all future payments due. Or you take the cars but he gets something of equal value that you have an ownership interest in. Just examples but that is how it is done.
Answered on Oct 12th, 2011 at 10:37 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Vehicles purchased during the marriage are considered marital assets, your daughter's truck as well. The ultimate decision of who gets to keep what personal and real property is decided during the settlement phase of a divorce.
Answered on Oct 12th, 2011 at 1:46 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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The vehicles are a marital asset subject to division between you two in any subsequent divorce proceeding. You should consult with an attorney before you do anything.
Answered on Oct 11th, 2011 at 5:41 PM
They may be awarded to you in a divorce decree. After the final judgment of divorce is entered he may sign a bill of sale to you and you can get the title changed into your name. You will need to consult an attorney to make sure the decree specifically awards you the vehicles.
Answered on Oct 11th, 2011 at 5:19 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In washington you can file for divorce, get an ex parte order giving you what you want for about 14 days, then ask for a temporary order getting you what you want. The temporary order will control until changed or a permanent decree giving you what you want is entered.
Answered on Oct 11th, 2011 at 1:42 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The safe way to deal with your situation is to file for divorce ASAP and get these issues resolved by the Court in what is called "temporary orders". This is a way to provide for a peaceful transition while the major property and support issues are being resolved. Legally, right now there are no limits on what you can do other than what overreaction your husband might do. If you and he cannot agree on things to prevent conflict, better to get things decided quickly by a court.
Answered on Oct 11th, 2011 at 1:42 PM