Do I have the right to sell the car right now before even starting the settlement on the assets? How about the house that is also in both names? The divorce is mutual but she wants to keep the car and the house but cannot make the payments.
2007-03-14 13:34:44 · 8 answers · asked by KUZIKAN 2 in Family & Relationships ➔ Marriage & Divorce
If it's in both names, then you will need her to agree to sell it.
Why are you making the payments alone? Is the loan only in your name? If so, then you need to discuss with a lawyer.
If the loan is in both names, then you should only be paying half. If she can't afford to pay half, you need to convince her to sell the car. Explain to her that, when you stop paying for it, both of you with get bad credit and the car will be repossessed. It's better to just sell it now and save your credit.
Same goes for the house.
In the end, if she doesn't agree the judge will make you sell both. But you really don't want to be paying for either while the case is awaiting the final hearing.
2007-03-14 13:45:37 · answer #1 · answered by ManOfTheHour 5 · 0⤊ 0⤋
I can tell you how we handled these issues when we divorced...
Both our names were on the house and my car loan. We decided beforehand who would get what and presented this to the attorney. The house was his long before we met so I felt the right thing to do would be for me to leave and he would keep his house. I didn't make him sell it to get half of his money. I just left. I kept my car, which was in my name but he was listed as the co-buyer. I pay my car payment and my credit card bills and I'll be paying for my own place to live. He pays for the house, the home equity loan, and his credit card. His truck is paid for. So...this is one way you could work this out but your situation may be different. You may have gotten your home together, but if she can't afford the payments on her own and if you can...then YOU should keep the house and she should pay for her own car and place to live. Does she have a place to go if she agrees that you keep the house ? I wouldn't just give her anything. It needs to be fair for both of you. You need to look at things realistically by deciding who can take care of which financial obligations and just behave like two adults and not like two raving lunatics trying to get what they can because of hurt pride and financial insecurity.
2007-03-14 13:56:11 · answer #2 · answered by BRAT 4 · 0⤊ 0⤋
this is what you do when you go to Medation, you tell them being that your making the payments on both that you would rather not fight about it and sale both then give her 1/2 of both and leave it at that, that would be the fair thing to do although I will tell you this if you have kids and that is her only car, she may most likly be able to kepe it however tell them that she needs to make the payments and IF they are not ment, that you get to take it and sale it, as for the house again if you have been the soul provider and have been married over 10 years, shes gonna be able to keep it but tell the mediation that its best if it is sold that way you both get a portion and the mediation will reccomend it to the judge and they go by allot of their reccomendation..also don't let your wife (almost ex) intimidate you because she has the upper hand woman like doing that carp to men..yes I know I am a woman but just not like that..good luck Gina
2007-03-14 13:41:21 · answer #3 · answered by Gina 4 · 0⤊ 0⤋
All the marital assets and properties are split 50-50%, unless you can come to another agreement.
2007-03-14 14:01:24 · answer #4 · answered by kenneth h 6 · 0⤊ 0⤋
So - you can't be gracious here or what?
The court may make you pay and cover insurance and maintenance too so if I were you I would just be nice, do what you need to do and get the darn thing paid off so you are free and clear.
My X did it for me and it was a gracious time for us. We actually remained friends. Life is too short to spend all grouched up.
2007-03-14 13:39:41 · answer #5 · answered by Anonymous · 0⤊ 2⤋
It won't matter who MAKES the payments---if it's in both names, it is joint property. One will have to buy the other's half, or it will be sold & divided up.
Sorry.
2007-03-14 13:42:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋
let it be settled out in court. if she can't afford them, and they are in your name, you have right to them.
2007-03-14 13:38:38 · answer #7 · answered by Kaja 5 · 0⤊ 0⤋
too bad man...u gotta give it all..hahahha
2007-03-14 14:10:32 · answer #8 · answered by q.reous.c.t 4 · 0⤊ 0⤋