If the spouse buys a car before the finial D is signed should the car be included in the D settlement? D-court 3-18-02 but the papers wasnt signed til 5-23-02. H & MOW bought a car together 3-25-02. We are checking to see if H put MOW name on his truck loan, truck title is in both names but the loan was in H name this was changed in 11-01, waiting for the paperwork to come back to be sure.
I plan to ask the Judge to count this new car as part of his settlement when the court date is set for our appeal. X is now asking that he gets our sons CDs to pay for her new toy. MOW D was 5-16-02 just needs judge to sign.
H-42 w-48
C-13, 28, 7 gd
M-17 yrs 9 mts
D-5-23-02
MOW-29
C- 3 under 10
D- waiting for judge to sign
M-10 yrs
I am sorry for your pain and the fact that you were left in such a way. But I must say that I think you are being petty with this one. It is obvious that the truck had nothing to do with you. It was purchased by him and her. The fact that a paper hadn't been signed yet may make it legal (or not) but it doesn't change the fact that you know that it has nothing to do with you. You know that there are many other things that you can go after, but don't demean yourself in asking for something that is so obviously NOT community property of your marriage.
That is just my opinion. And I do not take his side, believe me I am the BS. But don't lower yourself to playing the law. The law is low enough without your help. Yes, you might be able to legally have that included, but that still doesn't make it right. I don't know about the CDs. They should be legally divided in the settlement. I feel for you, please don't misunderstand me.
I'm no expert - and haven't been through - and seem unlikely to go through the D now.
Having said that...
I think that all property acquired by either party during the marriage is marital property. I assume that he diverted money from "the family" to this purchase. As such, it should be part of the settlement. If he had opened a bank account in his name alone and transfered money into it, it would be part of the settlement. I don't see any difference in the case of a purchase.
-AD
confused & cant believe member:
truck was bought by both H & me 3 yrs ago while M, Im still driving it today. Our son CD's was from money from a home that I own before M to H, money was moved to CDs for him when he was born they have always been in our sons name. H is trying to remove OW name from our finial D papers saying that they were only friends. I wouldnt let him have any female friends, the judge didnt believe X, neither does friends. I will not let him remove this womans name. Im not after her car they bought together, let her at least get something out of him. Just want it to show in court that he lied. X said in court that I threw him out & X played the poor H who couldnt come home to be a father or Husband because I wouldnt let him. Its all in court records.
I am no expert, and all I can do is extrapolate from what my attorneys have told me about what to expect in my state (and county).
I bought my motorcycle about a year after my wife filed for divorce, and I financed it rather than using (nonexistent) marital assets to purchase it. I was told that it was very unlikely that it would become an issue in the property division. I doubt that you can do anything about your husband's new vehicle.
However, if he used marital assets to purchase it, then those assets should be considered as part of the property division. If that means he ends up owing you money, then he will have to find some way to come up with the funds (or else just ignore the judgement, since it may cost you more in legal fees to collect than it's worth).
In my state, I believe your son's CDs would be considered "separate property", since they were obtained with assets that you owned prior to the marriage. Your husband would have no claim to them whatsoever.
Again, though, "your mileage may vary".
The best person to ask about this is your attorney... he or she will know what you are entitled to. Where the funds to buy the car came from is the most relevant, yes? If they came from H's part of assets or his pay after separation and you received the support that you were entitled to as stipulated by family court, then I would say the car is free and clear.
If marital assets were used, then any money put down for the car would come from his share of the asset breakdown. At least how I see it from a nonlegal point of view.. maybe the law is different though.. ask your attorney.
However... I do think that your son's CD's should remain in son's name. H shouldn't be able to touch them... they are your son's. Totally different than marital assets.... neither you or he should be able to spend those, as they are your son's for his use when he comes of the correct age.
Ditto what OhMyGoddess stated.
I would just like to add that any marital assets that may have been commingled to purchase the car or contribute to your son's CD could be brought up as a possible asset to be considered for division of property.
All States differ on this, so conult with your attorney. He will be able to give you the correct answers that you are seeking.
Stay Strong!
Wallace!
Together,
ahhh, I see. I misunderstood your situation and what you were trying to accomplish. I hope that you get everything worked out for the best.
Together: What state do you live in? In NJ, marital property is considered anything that was aquired from the date of the marriage until the day the divorce was filed. If your ex purchased a truck after the divorce was filed, but before the divorce was final, you have no rights to the truck. So many people make a mistake when a spouse leaves, they charge away on the credit cards, thinking they won't be accountable. If you do that prior to the divorce being filed, you are responsible.
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Ask your attorney. I'm guessing the CD's cannot be touched. I'm assuming that they were purchased for something like his education? So, it may not be considered marital property. But then again, laws vary from state to state.
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<small>[ July 21, 2002, 07:11 AM: Message edited by: together ]</small>