Seperation of property


#1

chances are you will have to split the value of the vehicle at the time of seperation, since it was “marital property”. You get the equity you put into the vehicle since then. As for the insurance, I am not sure, but you may be able to get the premiums for that vehicle too. I think the attorney needs to answer that though.


#2

When the divorce was granted did you and your Wife deal with your equitable distribution issues or did you just file for divorce?

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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

The divorce was handled as a seperate issue and the divorce papers say the issue of equitable distribution is still pending.


#4

Generally, the value of this vehicle and the oustanding debt would be distributed to you. You will have to account to the marital estate for the value of the vehicle when you do the final property division.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.


#5

My ex wife and I are now divorced. Throughout the separation she has refused to come to an agreement on devision of property so we are waiting on the court system for this. Since the date of separation, which is well over a year, I have made the car payment on the vehicle I kept and have had an individual insurance policy which I have paid. I was recently in a car accident and have just been told the vehicle will be totaled. The car is still in both names since she has refused to agree on property devision. Will she ultimately get half the pay off on the car or is there any way to keep it for another vehicle since I have made all of the payments and maintained separate insurance for over a year?