Question about division of marital assets (and debts)..?

Question

I was the only one working at the time of the split, I'm the only one who used the car, and I got custody of the only child we had, plus taken on all the debts..NOW he wants to play dirty and fight me for my car (he has a truck, but isn't putting it on the road, and drives his gf's car). I"m thinking about putting the car only in my dad's name, and after I'd be divorced, he'd sell it back to me...

Answer 1

Since your father is the co-signer it is not likely that the judge will award the car to your ex. He would need to prove that he has a valid "need" for the car and in that case he would likely also be told that he has to make the payments. Please keep in mind that whatever the judge says is a civli agreement and will not override the contract with your finance company i.e. if he is supposed to pay, per the judge and doesn't it will only affect your (and your father's) credit, not your ex's. Just be sure that the payments get made each month... by someone and if he is supposed to and doesn't pay yourself, keep the receipts and take him to civil court.

Fortunately, since the car is in your possession and financed by you and your father and you can also prove that you have a need for the car it is highly unlikely that he would be awarded the car. If he takes it, call the police and take him to court.

Yes, it is a debt... but depending on where you live it may or may not be viewed as a marital debt (check out your state laws).

Answer 2

Most divorces never make it as far as a courtroom, and if yours does, I feel pretty confident that no judge in his right mind would consider making you sell the car...  It sounds like your ex is just a big bully trying to mess with your head... Stand your ground & don't be afraid... Meanwhile, gather all the evidence of his infidelity that you can... If you do make it all the way to a courtroom, it'll come in handy...

Answer 3

if there is any equity in the car.. he might have a case.. but.. your the one who assumed the car.. your the one using it to get to work.. your the one making the car payments...

in fact if there was no equity in it.. i'd let him have it.. the debt.. and get a new car..

and possession is 9/10 the law..

i wouldnt worry about it.. he cant take it unless a judge gives it to him.. and sounds like it's your car to me.. you can always agree to give him half what the car is worth when you sell it.. or 1/4 of it.. since you were only married for 1/2 the time the payments were made..

by then the car wont be worth c**p anyway....

things u owned before the marriage should be yours..

things u aquired including debt during the marriage should be split

the one who is employed should get the car.

the one who gets the kids if any should get just about everything else.

Answer 4

do not think you can do that eaither,

Answer 5

You were very smart by having a co-signer, especially your dad.  Since he is listed as the responsible person for the financial part , he and you are the only owners,(except for the financial company)who have any legal rights to this vehicle.  Did you save the letter?  That would be evidence in a court IF things went that far.  If you feel like it may come to him trying to get the car, put it in your dads name or your dad and your name, thus giving your dad even more rights to the vehicle.  I doubt if your dad will let him get it!  Good Luck, and it sounds as though you've gotten rid of somebody who is not right for you.

Answer 6

Who's name is on the registration?  I am pretty sure its not his.  If it isnt then you are good to go.  If he takes the care have it reported as stolen.  You might want to call your local police department to make sure but from my experence that is the case.  Who ever's name is on the registration/title is who the care belongs to.

As far as the debts go they should look at what was acquired during the marriage.  For example if you had 2k in debt before the marriage and he had 5k.  Now you have 10k.  They would give him the 5 back, and your 2 back then split the remaining 3k between the two of you.  That was how they were going to do mine, but I was in the same boat and my-ex would have just not paid it anyways.