I live in NC and recently left my husband because he went to dss with allocations stating I was doing drugs, He failed his test and the baby did after waiting 2 weeks to get the results. DSS placed the kids out of the home before even asking me for a drug screen. So I left him and told him I was done. The car is in his name because he would never put it in my name. Can he legally take it? He has a truck, but says he “gave” that car to his daughter, which doesn’t even have a license. please help
Any property that was acquired during the marriage by marital funds is subject to being divided 50/50 in equitable distribution.
If the car you drive was purchased during the marriage and was not an inheritance, then the title to it does not matter. You are still entitled to half the value of the vehicle.
This means that one of you keeps the vehicle and pays the other for half its date of separation value.
You can file a claim for equitable distribution for the court to equitably divide the marital property.
You may also want to include a motion for interim distribution so the vehicle can be distributed to you while the equitable distribution case is going on and until there is a final settlement or judgment.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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