Who gets the car?

Question

My wife and I are getting a divorce. We live in Louisiana which is a community property state. I have 2 children from a previous relationship and she has 1 child from a previous relationship. We have one car. I have nowhere to go. No friends no family. Nobody in this state. So I want to move back to my home state but there is the issue of the car. My wife is buying another car from a friend so she will have a car but she wants half of this one. I have 2 kids and need to move 3 states away. The car is in my name so I am wondering is it legal for me to take the car to move? I mean we haven't gotten lawyers or determined who gets what and frankly I don't care about that stuff but she does and wants half of teh car which is fine but I don't have that kind of money. I just want to leave and this whole thing is draining the life out of me. I don't mind paying half for teh car once that's settled in court just right now it's a timing and money issue. Any help would be appreciated

Answer 1

She doesn't get 1/2 of the car, per se. What happens when you divorce is that the property, assets and debt are split. To make it easy, let's say you have the following:

Car/ paid for/ worth $4000
House with $15000 in equity
Furniture worth $3000
Investments worth $10000

You would add all of that together, and split it. This total is $32000 dollars. You each take $16000 from the marriage. You don't take 1/2 of a specific item. You take specific items adding up to the amount of your half.

So, say you took the car, and she kept all the furniture. then you would get $1000 less from either the equity in the home or the investments. It just has to work out that each of you leaves with $16000(not literally this amount, would be specific to ya'll financial situation.) worth of stuff.

So, you don't split each item in half. You just make sure everyone leaves with 1/2 of the total amount of worth.

Answer 2

Since this is a community property state, that would mean you each get half of everything. If you don't care about the things she wants, add up the costs of those for your half and see how much of it equals the half of the car she owns. It really sounds like you need to get out of there and I am not trying to make anything worse, but I would not pay her half the car and walk from everything else if she is buying another car and you don't have the money anyway.

If the other items that you don't care about are close, let her know that it will all get worked out in court. You may want to do a free consultation with an attorney to make sure that you can move and take the car knowing that you will have to come back for the divorce.

Answer 3

You don't mention how long you have been married or if you even had the car before the marriage.

If you owned the car before the marriage, it's unlikely that she would get it. Being registered in your name, it makes me believe that it was your car.

As others have suggested, if she is entitled to 1/2 of the assets (which should be 1/2 of what was accumulated during the marriage, not 1/2 of everything each of you has) then perhaps there are other things that she wants that will balance out getting 1/2 the value of the car.

One thing to consider, if you borrowed money to buy the car, and owe more than it's worth, then she owes you 1/2 of the negative equity in the vehicle.

So there are probably a lot more questions that must be answered before a good answer is delivered.

Answer 4

Usually what happens is that one spouse gets the house and the other one gets the car. If she shows signs that she is going to actually put up a fight over the car you might simply (if you can afford it) offer to pay her half of what the car is worth, since by rights half of the car is your's anyway. Since you live in a community property state I suggest strongly that you seek legal counsel. I can't help but feel that your wife is looking to "take you to the cleaners"...and just because I'm a woman doesn't mean I think that's fair.

Answer 5

Buy a bus ticket out of there. It's cheaper than paying for 1/2 of what the car is valued out. Cars can be replaced.

Answer 6

Wow. You should get the car. Give her half of the current value and keep on rolling. Best wishes.

Answer 7

yes take the car and run---run as fast as you can...let the lawyers worry about it...it is in your name...u are legal owner...and remember...u might want to consider carefully before living in a community state again....

best of luck to you

Answer 8

since she is buying another one anyhow take it and go you can work the details out in court later.

Answer 9

if no lawyers are involved yet , take it.and make sure you pay her

Answer 10

light it on fire and collect on the insurance.