During our separation I traded in our van for and explorer. We had been separated for 3 months. I was driving a van her parents let me drive but it was never put in my name. When I bought the new vehicle I had it put only in my name.Since we were separated I thought it better to start putting everything in my name. When I gave her the explorer after I bought it I told her it was hers because I was driving the van. I have custody of the five kids through this whole separation. She was living with her parents and had no kids. I gave her the truck with the understanding that we would be back together when we worked things out.
Today it is a year and a half later and we are going to get a divorce. I have taken the explorer back and gave the van back to her parents. Figured she would drive the van since she is living with them. She has shown poor judgement drinking and driving the explorer many times. since the explorer is only in my name and I have the kids full time, shouldn't I get it?
2007-07-21 14:18:27 · 19 answers · asked by amazinghandz2 1 in Family & Relationships ➔ Marriage & Divorce
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2007-07-21 14:20:54 · answer #1 · answered by Anonymous · 1⤊ 0⤋
you weren't married long sufficient to be entitled to quite a number of something... assuming the 4YO new child isn't yours. If the youngster is yours, then she could be entitled to new child help. In long island, i think of the single-new child calculation is 17% of your earnings whilst you are the noncustodial discern. She's possibly entitled to next-to no longer something different than per danger 0.5 of the financial employer money owed. As on your 401K, probability is it did no longer make plenty funds over the direction of the final 3 hundred and sixty 5 days... and he or she might purely be entitled to the fee of it extremely is appreciation from the time you married till the time you filed for divorce. Whoever owned the automobile beforehand of marriage retains it. it extremely is a "premarital" asset. If it extremely is in the two one in all your names, she's entitled possibly to 0.5 its cost. The house is owned by making use of your dad and mom - neither of you're entitled to it. confer with an lawyer.
2016-11-10 02:13:54 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Well chances are you will get it if not make sure your attorney asks for it during the divorce. If she is unwilling to do that then I would suggest selling the car and since you all were still married she will own half of the debt that is left on the van. If she is smart she will just give it to you and be done with it, if you agree to relinquish her from any debt that is left on it.
2007-07-21 14:24:44 · answer #3 · answered by Prof. Dave 7 · 0⤊ 0⤋
who cares about a vehicle... you have 5 kids and a divorce to deal with. I mean really. A vehicle is more important than your kids? Usually it will go to the parent who has the kiddos. So what if your ex has alcoholic problems. Moving on with life.... just be happy that she doesn't have the kids,and you do. Count your blessings, material things are not important in this life.
2007-07-21 14:30:57 · answer #4 · answered by dontblamemeivoted 3 · 0⤊ 0⤋
You will probably retain the suv, but money might have to given to your wife so she has transportation. It is joint property and she is half owner in it. It doesn't matter who's name is on the title. He could award it to her, and if that happens you will have to sign it over to her. It doesn't matter what any of us think, it all comes down to the law and judge, and lawyer, unless you are going to have a settlement when you go into the court, and your wife doesn't fight anything.
2007-07-21 14:45:42 · answer #5 · answered by LIPPIE 7 · 0⤊ 0⤋
YOU BETTCHA!
You're the responsible parent with children - you need the vehicle to work and take the kids to the doctors.
Prove her bad driving record and that's a no brainer to the judge.
2007-07-21 14:22:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Since YOU sold a car that HER parents ALLOWED you to drive but you did not own (How you did that without having the title woud be interesting for a court to find out) then SHE gets the vehicle. Obviously you unlawfully sold a vehicle you had no right to sell in order to get the one you wanted. If I were her parents I'd be suing your butt right now.
2007-07-21 19:04:53 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Well i think you should but think about everything else she may decide all her debts are your problem, and she may want the children and could fight for custody if she wanted to, not to mention she'll prolly ask you for alimony, i would give her the truck and say whats done is done i owe nothing more to you and your debts are yours alone.
2007-07-21 14:22:47 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Due to the fact you have the kids the judge will probably side with you. Remember marriage is all about joint property it doesn't matter which partner bought it especially since the vechicle was bought during your marriage.
2007-07-21 14:20:36 · answer #9 · answered by Anonymous · 1⤊ 1⤋
my understanding is "anything" purchased during the marriage regardless if your separated is joint property....So if you want it you [pay her half the value)...doesn't matter if you paid for it.....You should make a list of all the items purchased during marriage and divide them between the 2 of you....large $ items like washer/ dryer, fridge /stove TVs computers ,DVD players, & furniture,better that you sort this out than wait for a judge to decide....she is entitled to half your assets and your depts...as you are entitlled to her half assets and depts..the van as i understand it, belongs to her parents...
2007-07-21 20:28:24 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Yeah if you have the kids the judge will most likely give it to you. If she puts up a fight for it, just sell it and split the money.
2007-07-21 14:29:50 · answer #11 · answered by Randolph 3 · 0⤊ 0⤋