"the plaintiff lists all property in which a spouse has legal or equitable interest which is claimed to be excluded from marital property."
I ask this because I am in the process of divorce. The page goes on to list our cars. In our settlement agreement we traded cars. that has already been done and the titles have already been changed. On this document it lists the cars under thier previous ownership. Is that correct? What does this page mean? Why have this page at all?
2007-11-20 03:01:07 · 13 answers · asked by cypher2b 2 in Politics & Government ➔ Law & Ethics
First, you really need to consult with your lawyer about how this affects you.
The list is a list of items that the plaintiff (your soon to be ex) claims are his separate property however you are listed on the title or registration. If he owned a car before you got married and added you to the registration you have a "legal or equitable interest" in the car. However it is his separate property.
Why have this page at all? - All assets need to be listed in the divorce. Some can be summarized (furnishings worth $X) however titled or deeded assets (cars, houses etc) and such things as stocks and bonds have to be listed separately.
2007-11-20 03:09:54 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
see your lawyer right away, and ask. Only a lawyer can answer this question and give you proper advise. IT appears the plaintiff is claiming interest in property that was otherwise excluded from the community during the filing of your dissolution. (or split up by mutual agreement of the parties), if that is the case then it is simply a list of all assets that you BOTH owned, and now have each taken separate ownership in. Mainly it is for the court record in case of a dispute later on. IF there is a claim of sole and separate ownership... Example, you say the car is yours, because it was a gift from your mom. Your spouse is saying he/she has an equal interest of ownership nevertheless. You would have to prove it was indeed a gift from your mother in order for it not to be part of your community assets to be split up. That is what it sounds like to me, but again, you need to enlist the help of an attorney..
2016-04-05 00:10:05 · answer #2 · answered by ? 4 · 0⤊ 0⤋
When you get divorce you have separate and marital property according to the law in most community property states (which it sounds like your in one.) Separate property is things like inheritance which cant be split up and belongs only to one spouse, and marital property is the stuff you acquired together during the marraige. During a divorce they try to figure out whats marital and whats separate according to the states laws... then they divide up all the marital property between the two of you. It sounds like that document is just stating that the stuff on it cars etc should be excluded from the marital property list, probably because you guys already decided on how to split them up in the settlement agreement.
2007-11-20 03:07:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You do need to ask your attorney. However, here is my take. This list is of property which you may have had a legal interest in. However, it is being listed as excluded from marital property, meaning it has already been resolved....ie you two agreed to trade it.
I don't think you should be too concerned with that portion of the agreement. However, do not take advice from some no body (me) from the internet on this one.
2007-11-20 03:06:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It means that because you are still married, the cars still belong to both of you and will continue to be both of yours with respect to joint property until the divorce is final. This is regardless of who is on the title, unless it is pre marital property...which could be a whole other story.
Laws vary widely by state, so consult your lawyer
2007-11-20 03:09:21 · answer #5 · answered by Joe 3 · 0⤊ 0⤋
The list is correct. What is is a list of stuff that you both own but, have mutually agreed to not list as community property to be liquidated. It's all good.
2007-11-20 03:05:45 · answer #6 · answered by Ricky J. 6 · 0⤊ 0⤋
That means he is claiming property that is solely his and not an equal distribution between you.
The second page should show the current owners. You need to take your new title to attny
2007-11-20 03:07:20 · answer #7 · answered by roxxygrrl13 6 · 0⤊ 0⤋
well the list is property that is "shared" equity. usually if one spouse has~ say a trust fund from before they were married~ the other spouse does not have any right to it~ stuff like that. usually the house, vehicles & bank accounts are shared equity~ meaning you both contributed to attaining them
2007-11-20 03:05:44 · answer #8 · answered by Marine Girl 3 · 0⤊ 0⤋
I think you should reconsider getting legal advice from Yahoo Answers.
2007-11-20 03:06:54 · answer #9 · answered by Mister Shock 2 · 0⤊ 0⤋
just try to work it out without fighting with lawyers
the lawyers might take half anyway
2007-11-20 03:04:46 · answer #10 · answered by Anonymous · 0⤊ 0⤋