I got into a bad car accident a few days ago. My car was totaled and I was injured. My husband and I are going through a divorce, and we currently do not live together. He feels we should split the insurance settlement, since it's "marital property." The car was paid off, and he owes nothing on the car he drives. If we do split the settlement, my half wouldn't buy a decent car outright, nor would it be a substantial down payment. Wouldn't it make more sense to let me have the entire settlement so I can be in a better position to buy a decent car for me and my kids to be in? Keep in mind, my husband earns almost 3 times my salary. I feel he's just trying to make a buck off my misfortune. Marital property meant nothing to him until now.
2007-03-28 12:20:43 · 15 answers · asked by MaknMeCrzy 2 in Family & Relationships ➔ Marriage & Divorce
The car he drives has over 100,000 miles and was bought with problems and still needs work.
2007-03-28 12:28:14 · update #1
Are you legally separated?
If so, great!
If not, ...........there are reasons to be legally separated, this would constitute one.
Good Luck
This isn't a question of "fair", it becomes a legal issue.
I certainly wouldn't offer him any of the money!!
2007-03-28 12:27:15 · answer #1 · answered by spam_free_he_he 7 · 0⤊ 0⤋
I think you should be able to keep the money from the insurance company so you can get a safe and decent car for you and your kids. He is wrong to want half of the settlement in this matter. Talk to a lawyer and explain the situation to them and i feel that you are entitled to the whole amount because it is not an assett that you both share it was because of an accident and the car needs to be replaced as the other one was totaled. This is not marital property this is an insurance settlement. Has nothing to do with marrital property BUT i am not an expert so be sure to ask a lawyer. Good luck to you.
2007-03-28 20:01:05 · answer #2 · answered by Lady Hewitt 6 · 0⤊ 0⤋
Is the divorce winding through the court system? If so, and the car is considered marital property, then you may have a bit of a legal tussle on your hands.
If the car is not considered MP, then your soon-to-be ex really has no legal grounds to receive any insurance settlement from your misfortune. He can't put in a claim for something that has no bearing on the divorce settlement.
2007-03-28 19:30:33 · answer #3 · answered by Zombie Birdhouse 7 · 0⤊ 0⤋
How's this for an idea----and it has been done before---and it can and does work. Tell the insurance company not to pay you the settlement until after the divorce is final for 35days then your exhusband has no claim on it what so ever. I had a friend that had a similar situation where her then husband thought he was entitled to her insurance settlement, so the attorney had her insurance company wait to pay her settlement until the divorce was finalozed for 35 days and there was not a thing he could do.
2007-03-28 19:30:59 · answer #4 · answered by nickle 5 · 1⤊ 0⤋
This guy is a big loser and I'm glad you are divorcing him. You need this money to replace that car. Do not let him near a dime of it and put every cent you get into the next car so if he raises a fuss in court the Judge will see you did the right thing. I hope you are okay and didn't get hurt in the accident.
2007-03-28 20:09:03 · answer #5 · answered by kitkat 7 · 0⤊ 0⤋
Is the car and the insurace only under your name??? If the car it is ONLY under your name that means is YOURS but if not sorry to tell you maybe not rigth know but when you get divorce it will hav eto be 1/2 and 1/2 ... But since you are NOT divorce yet what it is yours is just yours and you DON'T have to split the money in half .... Tell him that you need a car and that you will be buyin another one ... GOOD LUCK... If not get and advice from a lawywer but I know nothing shpuld be 1/2 and 1/2 yet until your are finally divorce !!!
2007-03-28 19:28:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Tell him "why yes, I will be willing to do that as soon as you sign over your vehicle to me so I will have something to drive,then you can use your half of the money to pay down on something nice".I wish you 2 could work things out though ,itd be better for the kids,but I know sometimes things cant be worked out because it takes 2.
2007-03-28 19:25:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Well, tell him that if he insists on splitting the settlement, you'll insist on collecting alimony since he makes 3 times more than you do.
2007-03-28 19:24:25 · answer #8 · answered by Royalhinney 7 · 2⤊ 0⤋
sorry to hear about you accident!
in the past who made more payments on the car you or him... or who payed it off? who payed they insurance on it?
in my opinion whoever spent more should get the insurance money back on the car but on the other you have the injuries so you should get more back than him since you are the one that has to go to the chiropracter and doctors!
2007-03-28 19:33:29 · answer #9 · answered by I♥Karma 4 · 0⤊ 0⤋
You have to go with the legalities. If he shows no concern for you and the kids - I guess that's why you are going through a divorce.
2007-03-28 20:53:05 · answer #10 · answered by Lydia 7 · 0⤊ 0⤋