QUESTION
Would I be breaking any laws if I took a vehicles that is a marital property?
Asked on Feb 09th, 2014 on Divorce - Arizona
More details to this question:
Would I be breaking any laws if I took vehicles, that are in my name only, that were purchased during the marriage, and moved out while she wasn't home?
8 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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J. Jeffrey Morris & Associates
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If you have not filed for divorce, no, but if you sell them and keep all the money you will likely owe half to your soon to be ex-wife.
Answered on Feb 14th, 2014 at 4:15 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Not breaking any law, but she is probably entitled to one-half of the value of those vehicles.
Answered on Feb 14th, 2014 at 4:14 AM
You may certainly take the vehicles with you but you can not dispose of them until you have a court order that they have been awarded to you in the dissolution.
Answered on Feb 14th, 2014 at 4:14 AM
Marital property belongs to both spouses equally. Accordingly, if you took a vehicle that was marital property, you simply took your own property.
Answered on Feb 14th, 2014 at 4:14 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Generally, while a divorce is pending each party will be allowed to keep using the vehicle that they regularly used before the parties separated. It certainly wouldn't look good to the Judge if you took all the vehicles and left your spouse with none (assuming there is more than one vehicle). You may not be breaking any law before there are orders, but it would be more fair to leave at least one working vehicle with each party until there is a settlement or your Judge decides who should get which vehicle from the marriage
Answered on Feb 14th, 2014 at 4:13 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No, not if she has a vehicle to use.
Answered on Feb 14th, 2014 at 4:13 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You will not be breaking any laws if they are in your name, however you may be forced to return them, or their value, when she files for divorce.
Answered on Feb 14th, 2014 at 4:11 AM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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If there are no family court orders in place, such as the preliminary injunction that is entered when a dissolution petition is first filed, then there does not appear to be any impediment. However, in Arizona, even though the vehicles are titled in your name only they are still community assets. This means that you will have to account for the vehicles, and in all probability, have to pay your wife her fair value for her share of the vehicles. You should consult with an experienced Arizona family law attorney to discuss your situation.
Answered on Feb 12th, 2014 at 9:08 AM