My boyfriend just bought a car. We have been together for almost two years and he hasn't spoken one word to his wife for just as long. He hasn't filed for a divorce yet, due to financial difficulties (the car he bought is a 1999 and the payments are very low) but does anyone know if his wife would be entitled to half of the car if he were to go file for divorce? Keep in mind they havent been together for over two years, and any judge would grant him a divorce just on the grounds that she is a prostitue and a drug user ( been arrested several times for these offenses in the past years & is the reason why he left her)
2007-11-24 03:01:39 · 17 answers · asked by Laydbug 2 in Family & Relationships ➔ Marriage & Divorce
Depends on the state. I can tell you in PA it depends on the date of separation. If he can prove the day he separated (change in residence, mail to different address, never lived with her after etc) and he bought the car after that, then the property will be his and not subject to equitable distribution. She might be able to make an argument for some if it IF he sold another joint asset to buy the car and did not give her any.
2007-11-24 03:09:37 · answer #1 · answered by George 5 · 1⤊ 0⤋
It really depends on how the paperwork for the new house was handled and state law. If her name is on the deed and she is part owner and the house was purchased during the marriage, it could be considered a marital asset if neither has filed for divorce or legal seperation. He wouldn't get half, however. Half is hers and half is the other man's. So, the husband would be entitled to half of her half. At best he would get 1/4 of the homes value or equity. Chances are, a judge would grant him nothing from that house since they were living apart and he had made no financial contribution to the purchase of the house. Its always best to ask a lawyer to be sure, though.
2016-05-25 05:06:54 · answer #2 · answered by ? 3 · 0⤊ 0⤋
As long as they are legally married she is entitled to part of what ever he has. If he can't afford the divorce he should at least file for a legal separation, that should protect him. Divorce is not the costly thing it once was, if there is no money and no kids involved he should be able to do it pretty quick and cheap.
If you are helping make the payments on this car, make him file the papers, its the only way to protect yourself.
I would ask myself why he doesn't do everything to get this woman out of his life if she is so toxic.
2007-11-24 03:12:03 · answer #3 · answered by vjustmehere 3 · 1⤊ 0⤋
If he filed for a legal separation in the interim, she shouldn't be able to touch the car, but if he hasn't been living with her for the 2 years, then the court could rule either way.
She could possibly go after the car if she has it together to get a lawyer and go over the possibilities.
2007-11-24 03:14:57 · answer #4 · answered by Yankee Micmac 5 · 3⤊ 0⤋
It depends on your state law and if being separated means new assets are not shared between spouses. In some states you might have to file to be legally separated, or have some kind of proof that you were (some states don't have legal separation). He should contact an attorney. He doesn't have to prove she's a bad person to get a divorce, and it doesn't need to be super expensive if they don't have children, it might be relatively simple.
2007-11-24 03:09:19 · answer #5 · answered by Jen70 3 · 2⤊ 0⤋
That doesnt really matter that u 2 are together...he is still married and anything he has is 1/2 hers and vice versa. It might help his case alittle more that she is a complete wh*re, but from the legal aspect, until he files for divorce, he splits everything. I would suggest to him that anything u2 buy as a couple, put it in your name, she cant go after ur belongings! Switch that car over soon...sooner the better.
2007-11-24 03:09:25 · answer #6 · answered by ? 4 · 1⤊ 1⤋
yes she is entitled to the car or anything that he buys for that matter as long as they are still married. but if what you are saying is true that she is a drug user and what not. than more the likely he will win the case. and if you are smart if you plan on staying with this guy you need to tell him to get his butt in gear and go file like today before he decides to buy a house or anything like that...
2007-11-24 03:14:19 · answer #7 · answered by the bride to be 2 · 2⤊ 0⤋
If he could legally prove they were separated for two years and that he bought the car after they were separated she has no legal grounds to gain access to the car.
2007-11-24 03:26:58 · answer #8 · answered by al l 6 · 1⤊ 0⤋
she would have no claim at all on the car but he should go to legal aid and get a low cost or free attorney to file for the divorce because she probably wouldn't fight it and it would just be a matter of paperwork.
2007-11-24 03:10:55 · answer #9 · answered by Al B 7 · 2⤊ 1⤋
Depends if they are legally separated or not. Usually when couples split they file legal separation papers (if they are smart). If he hasn't filed legal separation papers then she could go after his car.
2007-11-24 03:07:59 · answer #10 · answered by Brian F 5 · 4⤊ 0⤋