QUESTION
Since he has left and refuses to come home, can I clam abandonment on the home and the things inside even if his name only is on the lease?
Asked on Aug 18th, 2015 on Divorce - Oklahoma
More details to this question:
My husband went to dinner at his parent’s house a month and a half ago but never came home. I have been to see him a few times at their house but he still refuses to come home. He has never said he wants a divorce and neither have I however, I want to get my affairs in order before I tell him I'm leaning. It was bought by him and his father as a wedding gift for use before we were married. Can I sell his car without him if the title says "name or name"?
2 ANSWERS
If you sell the vehicle, it will likely be counted as part of your share in the equitable division of marital property, as long as it is titled you or him. If not titled like that, then you should not sell it. He is likely not coming back after 6 weeks with his parents. You need to decide if you want to continue living separately as married or if you want to get divorced.
Answered on Sep 10th, 2015 at 5:34 AM
If the car title is you or him, then you both own the car and either can sell the car. If you sell it, its value will be counted on your side of equitable division of property. His moving out however doesn't equal you get 100% of what did not go with him.? Had you left to your mama, the same would be true on him not getting 100% of what is left behind. FWIW, man goes home to mama six weeks, unless she is real ill, a man is not likely to be coming back. Probably a good time to hire counsel.
Answered on Aug 20th, 2015 at 11:02 AM