Newly Separated, Spouse trying to sell vehichle

North Carolina Divorce Law Divorce and Separation Answers
1

I have been separated for just over one month. We have been married for just under 21 years.
All our vehicles are in my husbands name, always have been. He is attempting to remove one of our three
vehicles from the home and sign it over to our 18 year old son. Which I am completely against for numerous reasons.

Last night, my son tried to leave in the truck and I disabled it by flattening tires, emptying the fuse panel and distributor
cables when the cop made him get off the hood.

Today, my husband is planning to be here at 4pm to leave with the truck and my son. My son is 18, if he chooses to go live
with his father, that is his right. My husband has stated he will call the police if I don’t have “his” truck back the way it was
and ready to go. I don’t plan on doing this.

Since this truck was acquired during the course of the marriage, before the separation, it is marital property and now that we
are separated, he should not legally be allowed to transfer title or sell it.

I have three hours before all of this starts going down and the cops are back at my house. I have reviewed all the statutes on marital property,
but none seemed to address the liquidation of marital property without the consent of the other spouse before divorce proceedings have
actually begun.

I also know the majority of police men and women will look at who’s name is on the title, rather than the law of marital property.

Can someone fill me in on marital property statutes and what my plan of action should be today only?

2

Look up… “dissipation of assets”. That’s what you’re looking for. If he dissipates a marital asset you can always account for it at equitable distribution, though, it can sometimes be hard (not necessarily in your case) to prove that an asset existed and was dissipated.

3

The truck is martial property, and your husband will have to account for the value of the truck in a final distribution of the marital estate. If the police get involved they will likely allow your husband to do as he pleases with the truck (based on title) and tell you that the property issue is something that needs to be handled through a domestic action for equitable distribution.