Husband and I are still legally married. He was emotionally abusive and finally, I had enough and left him over two months ago. I am claiming my life again for me and our 3 yr old daughter. My question is about my new car. My parents bought me a late model Honda so I can get to work and back and so I can take my daughter out and about. Can my husband sue for the car? Can I be forced to sell it and split the money with him? He was not supposed to know I got it and my mom went and e-mailed a photo of me in the car to gloat about my newfound independence. If I am told I have to sell it, my parents and I decided I would sell it to them for 10 cents and send him a nickel. But considering it is a gift from them and my family, can he even legally do anything? Is it now considered a "marriage asset" since we are still legally married?
2007-03-12 18:37:49 · 9 answers · asked by Ghost Writer 3 in Family & Relationships ➔ Marriage & Divorce
My soon to be ex never wanted me to have any independence....my parents bought me a car shortly before the birth of our daughter and my husband decided to "fix it" and then it didn't run hardly at all. And when he bought a vehicle a few years after that, it was a stick-shift, which I had never learned to drive. If he sues for the value of the car, he would only be doing it to be a jerk, though both me and my dad stressed to my mom about her "big mouth" and how it would only cause problems. I have no intention of getting rid of my car, even if there is a court order. It is MY CAR!!!!!!!! Can financial situations play a part as well? I make less than $600 a month right now and he is making over $1300 and drives a company vehicle. The only thing is that we live over 2000 miles away from one another. My dad says to hire a lawyer, but clearly this is difficult due to my finances.....parents can't really help because they used their extra income to get me car (paying them back also).
2007-03-12 18:44:17 · update #1
To Clarify: this car was bought for me just a few days ago. And I will NOT let it go just because it was a "gift". I am not being selfish, considering it is used to go to work and provide for my child. My daughter is excited that her and I have a way to get around now since he father practically kept us locked up in our home (no car, no family, no friends). If I cannot get a lawyer, and I am told I have to sell it, then i will sell it for a nickel to my folks and send him 3 pennies for his trouble. He did not contribute to this vehicle. None of his money went into its purchase (I came back home with the clothes on our backs), and I work to pay back my folks and pay for the insurance.
2007-03-12 19:19:41 · update #2
The easiest thing to do is to "return" the ownership back to your parents. They can prove that they bought you the car.
By returning the ownership to your parents, you have no legal ownership of the vehicle and none of your money has gone to purchase that car. Your parents can "let" you use the vehicle. You can even pay a "leasing fee" per month to your parents. Any sign of trouble, you just quit the lease. Get your parents to include you in their insurance policy.
The sooner you act, the harder it is for the husband to do anything.
2007-03-12 19:31:55 · answer #1 · answered by Sir Richard 5 · 1⤊ 0⤋
Please check with an attorney in our area. You can check the yellow pages of your local phone book and see if there are divorce attorney's that offer a free half hour consultation. Or, if there is a low income divorce clinic/office in your area as well. Is the car registered in your name, or your parent's name? This is why I highly reccommend talking with a divorce attorney-asap-so you can find out what the laws are in your state regarding the car/marriage asset, etc. I wish you the best. Take care.
2007-03-12 19:02:11 · answer #2 · answered by SAK 6 · 0⤊ 0⤋
Get a divorce and sue his a$$ for child support. There are legal clinics out there that will help you fight the case. I think the court will judge in your favor, given the fact that you are the mother and have not been working for some time due to being a mother, housewife, and maid for the house. You are incapable of supporting yourself and your three year old child.
It's the American way. SUE and then SUE some more.
2007-03-12 18:51:15 · answer #3 · answered by Inquisit 2 · 0⤊ 1⤋
You should ask your divorce attorney. If the car is in your name and not bought with his money I don't see why he can claim it. I assume he has a car, simply agree to let him have that car with out any claims to it. By the way, no one can emotionally abuse you unless you let him. I fear for your daughter and how you are going to handle this with her and her relationship with her father.
2007-03-12 18:57:31 · answer #4 · answered by lily 6 · 0⤊ 0⤋
of course it would be considered an asset but if it was a gift then its a gift let it go, its replaceable, isn't it? if u lose a life that would not be replaceable. ur husband should not really have nothing to do with this gift, u need it more than him.
2007-03-12 18:57:52 · answer #5 · answered by ? 2 · 0⤊ 0⤋
i don't think he can get your car i would sell it to him cheap too to teach him, that is if he gets it and im glad you and your child enjoys going places. you both deserve joy and fun .i don't think he can get it as legal asset if only your name is on the title but check with a attorney
2007-03-16 14:12:19 · answer #6 · answered by sweetgranny06 7 · 0⤊ 0⤋
Put the title in your parents name. When you go to court it's not your car it's your parents, and he can't touch it.
Good Luck
2007-03-12 19:09:19 · answer #7 · answered by Jen 1 · 1⤊ 0⤋
You lead by making use of occasion. i might provide him the automobile and the jewellery because of the fact they do no longer seem to be what i presumed they have been. i might have concept they have been tokens of his love. initiate searching for an house in case you are able to arise with the money for it. call a loan company and notice what the home is properly worth. locate out what you will possibly be able to desire to do to sell and get rid of as lots debt as achieveable. detect a counselor. Get counseling for your self and your marriage 2d. Ask him to pass to counseling additionally. possibly your marriage and existence mutually can nevertheless be salvage. If no longer, do what you will possibly be able to desire to accomplish that as to stay to tell the story. in case you think of he properly worth nevertheless being your husband when you have tried to initiate existence anew, lay down some floor regulations for the courting. And stick to them! It sounds like there has been a shift in earnings on your companion and young infants and the no longer so good element has come out of the two one among you. pass get your self some help. good success with that.
2016-10-18 06:14:23 · answer #8 · answered by corbo 4 · 0⤊ 0⤋
you were separated at the time and he did nothing to contribute for paying for this car. He wont get your car unless he's got proof that he helped pay for it...
2007-03-12 18:53:49 · answer #9 · answered by Kimberly S 3 · 0⤊ 0⤋