Dear Abandoned,

I am sorry to hear about your situation. I hope the information you find on our website is helpful. To answer your questions, if the Corvette was purchased during the marriage, it is marital property. Since it is titled in your name, and was a gift to you, you have a stronger argument that the car should be yours. At the very least, the value of the car should be divided between you. If he’s not going to return it to you immediately, then I would get him to take steps to get your name off of the loan on the vehicle as well as the insurance. You don’t want to be financially or legally liable for a piece of property you no longer have possession of. I would also recommend that you find out the cost to you to get your name off of the truck insurance. You probably have a multi-vehicle discount of some sort, so your premium costs may increase by getting a policy for only one vehicle. However, if your homeowner’s insurance is with the same company, you may still be able to take advantage of a discount. Call your insurer.

Good luck,

Shonnese D. Stanback
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

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.

He left a month ago, his idea not mine. He took his 2000 Chevy Silverado truck (50,000 miles)which is paid for and is titled and insured in both our names. He also took the 1999 Corvette (45000 miles) which he had given me as a gift and had told others he had given it to me as a gift. The Corvette is titled in my name only but is not paid for ($18,000 owed)and financing is in both our names and insured in both our names. He left,for me to drive,a 96 Toyota Avalon(112000 miles) which is paid for and in my name only and insured in my name only. Yesterday the insurance renewal notice came in the mail for the truck and corvette. Because of his recent DUI the insurance is $3000 for 6 months. What do you recommend I do as far as the vehicles go? I’m sure they will be addressed on the first seperation agreement proposal which I am waiting for him to make to me. My questions are: 1. Is the Corvette marital property since he said it was a gift to me and if so is all of it marital or just the part still owed on it? 2. Should I allow him to renew the insurance in my name on the truck and corvette since he has them in his possession and I don’t get to drive them? I am concerned about my liability since he has a history of drinking and driving. 3. Since the Corvette is titled in my name only what are my rights to it keeping in mind that it is financed in both names (he is making the payments) and the bank holds
the title.

Thank you for your website. It is a true blessing to us unfortunate ones.