Car question


#1

The answer to your question depends on when you acquired those cars. Generally, any property acquired during marriage is marital property and subject to division between the spouses, regardless of who holds title. There is a presumption that marital property (and debt) should be divided equally between the spouses. Follow this link to get more information on division of property and debt: http://www.rosen.com/ppf/ID/32/issues.asp.

Lara Stanford Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

all cars were acquired during our marriage. One was bought and financed as a used car. One (the SUV that we are currently making payments on) was bought new. The car I currently drive was bought from my mother in law – not financed. If that makes a difference. We agreed to make monthly payments directly to her rather than financing. Would that be an issue. Since she had bought the car new before we were married and then gave it to us (we made payments to her for it it was not a gift). Also what if he didn’t let me have the car when we split. Would I have to go to court to get an order so that I would have something to drive? How long would that take? That might cause problems as far as my being able to work if he made a big deal about keeping me from driving. Could he have me arrested for taking the car when I left?


#3

You are right, what he is saying is not fair, and is probably not accurate. In North Carolina, the court will divide your marital property equitably. So, evidence of when the property was purchased, and what funds were used to purchase the property will determine whether or not it is a marital asset. While the cars may be titled in your husband’s name, if they were purchased during the marriage, and marital funds (money earned during the marriage) were used to pay the debt on the vehicle, it is a marital asset. Even if he refuses to agree to allow you to take one of the 3 cars, it is unlikely (based on what you’ve said here) that you will leave the marriage without any vehicle or some compensation for giving up those marital assets.

If you believe separation and divorce are imminent, you should contact an attorney to begin working on a separation agreement. Then you can get more specific legal advice on your situation, and how to handle dividing your marital estate.

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I don’t want to get divorced. I’d like things to get better between us. I don’t want to be treated like he owns me either. It may just be a matter of time. But right now I think I’d like to try some marriage counseling. At the same time I want to know that if things don’t get better that I have another option. I don’t want to feel so boxed in. I really hate the idea of separating and having my daughter miss celebrating the holidays with both of us.


#5

Dear rb18:

I cannot imagine (after reading everything) why you would not get the car you drive, some furniture, and your daughter’s stuff (if you obtained primary custody). You would also end up paying half of the debt.

Let me also say to tell you husband (the next time he gets on one of his kicks about divorcing you) that you may just divorce him if he keeps it up. You need to speak with an attorney about your situation to give you peace of mind. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Hi. My husband is going on a trip with his dad and brother this weekend and I am going to move out while he is gone. He wants me to find another vehicle but will let me keep my car for the time being. Can you stop him from taking my car away from me? Right now my daugther and I are going to stay with my parents for a little while and I can save up to get an apartment. My immediate question is can you stop him from taking my car? How do legal fees work? Can I meet with someone in your office? How long will it take for me to get an appointment? I guess now that I am leaving definitely these are things I need to know.


#7

Dear rb18:

Greetings. You are making a great decision to speak with an attorney about your situation before you leave the marital residence. I am having our office initial consultation coordinator contact you by e-mail about these questions directly since you are looking to retain an attorney to “get the ball rolling.” Please keep your head up, do not panic, and we will likely be able to assist you. Talk to you soon.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

I’ve been married just over 5 years and have a 3 year old daughter. Every time my husband and I have an argument he threatens to divorce me. I always let him do whatever because I’m scared that he’ll divorce me and what will happen then. random background information - We make about the same amount of money. He says that if we get divorced I won’t have a car to drive because all our vehicles (we have 2 cars paid for, an SUV making payments and a motorcycle also paid for) are in his name. We don’t own a whole lot of stuff our vehicles, furniture and our animals (the animals he can have). We also owe lot of money… if we split I’d have to be able to afford to rent my own place plus go out and buy myself a car to drive myself back and forth to work in addition to paying half of whatever we owe in debt and taxes. That doesn’t seem fair to me. Is that true? All I’d want would be some of our furniture / household stuff, my car that I currently drive, and my daughter’s stuff if I got primary custody. Basically he says I would get nothing.