My brother and his girlfriend are about to split up after having lived together for 3 years, they have a 2 year old daughter and the girlfriend is telling my brother that he has to leave but doesn't get to take anything, they have two cars and she told him he had to buy one if he wanted it. (even though he makes the payments) what is he legally allowed to do. He has asked me to search for help. Shouldn't things be split 50-50 except for what was yours in the first place.
2007-01-17 04:26:58 · 7 answers · asked by Heather J 1 in Family & Relationships ➔ Marriage & Divorce
If her name is on the titles of both cars, he is going to have to fight to get one of them.
That is one reason not to live with someone and have kids before marriage. If something like this happens, and they get divorced, they are entitled to more assets, even if it's only in one spouses name. If they weren't married then one of them either has to lose their @ss or go to court and even then the split won't be even.
Tell him to get an attorney.
2007-01-17 05:08:35 · answer #1 · answered by ? 6 · 0⤊ 1⤋
interesting question.
He is entitled to exactly what he can prove he bought. As is she. If they cannot prove what each other bought then it is 50/50. However it will take a court to enforce this by the sounds of it.
Tell him to get a lawyer if he wants to be sure he gets what is his. As for the cars, if he is the only one making payments (ie their money is kept seperate and she makes no payments or she doesn't have a job) AND the cars are in his name only he can drive them both away. Otherwise use a lawyer to disentangle himself from this part also.
2007-01-17 04:37:53 · answer #2 · answered by rcbricker33 3 · 1⤊ 0⤋
Is his name on the title? If so, he is entitled to at least half the worth of each car. He can take her to court. When you're married, things acquired after marriage are considered community property; but there's no such rule for an unmarried couple. He really should call an attorney, especially being that a child is involved.
2007-01-17 04:37:05 · answer #3 · answered by Anonymous · 1⤊ 0⤋
yes they should and he needs to go to the court house and file papers. He can also call the police to stand by why he gets what he can temporarily until he sees a judge. She is being a bit-h and she has no legal right to keep anything of his and should split up the rest.
2007-01-17 04:43:35 · answer #4 · answered by *queenfairy1*Antioch California 7 · 0⤊ 0⤋
Unfortunately your brother will have to go to court. I dont know what state you live in but searching for your marital and community property laws for your particular state will give you answers. In the state that I live in (Oregon) it doesnt matter whose name is on the title, if the person has been using that vehicle as their main transportation it belongs to them. Your brother is also allowed 50 percent of everything in most states. My vote is he takes what he wants and she would have to sue him to get it back.
2007-01-17 04:49:59 · answer #5 · answered by dancing11freak 2 · 0⤊ 0⤋
Who is listed under the owner (on the title or lien) of the cars? If its him, they are HIS and HE has the choice to let HER buy it from him. If its HER, then she is right. If both their names are on it, he gets one car she gets the other.
Talk to a lawyer too.
2007-01-17 04:37:59 · answer #6 · answered by Terri 7 · 0⤊ 0⤋
yes if he can and if he wants to he can take her to court
2007-01-17 04:35:42 · answer #7 · answered by Anonymous · 1⤊ 0⤋