2 vehicles both loans in both names & MOJ / contempt?


#1

My wife and I have been separated for more than 1 year. No separation agreement signed or interim distribution ordered or signed by judge. She left the home with both kids ages 4 & 3, driving a 2005 Honda Odyssey and I was left a 2005 Honda Civic. Odyssey valued at $14,470 / $9430 owed on loan = +5040 equity and Civic valued at $6940 / $7484 owed on loan = -$544 no equity / underwater. She has sent me orders to go to court in 2 weeks to try to force me to sign over / away the Odyssey ( which I 1st refused to her lawyer’s 1st & only verbal request ) so she can trade it in for a brand new SUV…What can I do on this issue?

She also makes over $150,000 per year based on two most recent tax returns from 2010 & 2009. She was ordered by MOJ by judge to pay mortgage once I finally moved out of marital home and she moved back in. I had the mortgage paid through the next month when she moved in but since getting MOJ she has not paid anything. What can I do about her not following MOJ…is it contempt of court? What steps can I take? She is drawing this all out and taking her time with her lawyer, since I no longer have an attorney and I am now pro se. I appreciate your time and I look forward to any positive responses regarding the aforementioned above. Thank you.


#2

If you have been summoned to court for the distribution of the vehicle, you will have to appear in court and make your argument to the judge as to why the car should not be distributed to her. An interim distribution will be accounted for in a final distribution to make up for any disparity in value received.
You may file a motion for contempt for her non-payment of the mortgage.