ED Question


#1

I think you could work it into your seperation agreement such as “each party will be responsible for payment, care and upkeep of the individual vehicles.” It’s worth a try and seems reasonable to me


#2

If one family makes a significant financial transaction shortly before the marraige the court may look at that more in depth. If she purchased a car she will likely be distributed the debt and the value of the car which means the impact on the division of the marital estate may be minimal.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

This is a related question. My spouse, a month before separation, went out and purchased a brand new sports car that he used to drive his mistress around in. He used the children’s college fund to purchase it. A month after separation, he sold the car back to the dealership for a 9K loss. We are going to court for ED. Could I argue that he wasted marital funds and that most or all of that 9K be credited to me.

we already had 4 family cars (one was a car that our child drove) and he had a motorcycle and it was not a purchase we agreed upon. he went out alone and bought it.


#4

Yes, you can make that argument.

Good luck.

Lee S. Rosen
Chief Executive Officer
Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.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.


#5

The STBX and I have agreed to separate w/o the hassle of going to court. My question concerns maritals debts. My STBX just within the last couple of months went out and purchased a vehicle knowing that we were having marital problems. Her car was running fine and I feel she just wanted to acquire the car while we were still married so that it would count as a marital debt. Am I required to have this go into the pot since she is the only one who has gotten any benefit from the vehicle? Isn’t there something that prevents this type of behavior?