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#772173 - 07/23/16 03:17 PM Vehicles in divorce
mikenumfour Offline

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Registered: 07/23/16
Posts: 8
I'm about to go thru another divorce, but in the past the vehicles weren't a problem.
Here's my situation.....
I've been married for almost a year. Before she got to my house and we got married, I already had a house and 3 vehicles in my name. Recently (April) I bought a used jeep. It's in my name and I make the payments.
To my understanding, what each person has before the marriage is their personal property, and anything purchased after the marriage is community property and must be divided. is it possible for me to do something with this jeep so she cannot get it? Possibl put it in someone else's name?
Thanks for any help

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#772174 - 07/23/16 05:49 PM Re: Vehicles in divorce [Re: mikenumfour]
TJMH Online   content

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Registered: 07/17/15
Posts: 339
The Jeep is pretty clearly marital property, and trying to sneak it out of the marital estate would probably not go well for you. Even if you gave it away, if it looked like you were doing it in the context of the divorce you'd probably owe her for half the value.

If you want to keep the Jeep I'd recommend offering her something else to equalize the value.

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#772175 - 07/23/16 07:43 PM Re: Vehicles in divorce [Re: TJMH]
mikenumfour Offline

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I knew it was community property. I just didn't know if there was a way around her getting it.
I may just give her half of what it would sell for and see if that works.
I told her it would have to be sold anyway

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#772176 - 07/24/16 02:06 AM Re: Vehicles in divorce [Re: mikenumfour]
TJMH Online   content

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If there's still a loan on the Jeep the loan gets split also - she's half responsible even if her name isn't on the note. If the loan balance is reasonably close to or above the Blue Book value you might just suggest that you keep the car and the loan and call it even.

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#772177 - 07/24/16 10:22 AM Re: Vehicles in divorce [Re: TJMH]
mikenumfour Offline

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Registered: 07/23/16
Posts: 8
Oh yea, there's a balance all right. Lol
I think I owe like 10,5 and book value is 11
She wouldn't have 100 to pay towards have the value. I'm going to see an attorney Monday. I'm sure he Wil tell me what I can do
I know this all sounds sorry and all, that I will have 4 vehicles and she won't have any.....but oh well

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#772178 - 07/24/16 04:10 PM Re: Vehicles in divorce [Re: mikenumfour]
TJMH Online   content

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Registered: 07/17/15
Posts: 339
So car value less loan balance is $500. If you give her $250 or some other property worth $250 you should be square.

And for a marriage of less than a year I don't think anyone should expect to walk out with much more (or much less) than they came in with. What did she do for transportation before you got married?

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#772179 - 07/25/16 11:56 AM Re: Vehicles in divorce [Re: TJMH]
mikenumfour Offline

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Registered: 07/23/16
Posts: 8
She didn't have a vehicle when she met me.
Basically she's had it made the last year working her puny job, and hiding money I might add, and me paying all the bills, giving her a almost new suv to drive, buying new furniture because she didn't like what I had, and I just spent about $7000 remodeling the kitchen.
Yea she didn't come into this marriage with hardy anything, and hasn't helpeddo much of anything except spend my money

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#772180 - 07/25/16 08:48 PM Re: Vehicles in divorce [Re: mikenumfour]
mikenumfour Offline

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Registered: 07/23/16
Posts: 8
Talked to my attorney today. Was told I needed to put a lien against the jeep. I borrowed the money as an unsecured loan, so I have the title and make payments. If I go into court and have title in hand, there's a chance she can get it. But if it has a lien, we have to split the money difference between the loan balance and the book value. At least that's the way I toook it.
May contact the loan company and see if they will just hold the title and put a lien on it.
Any other ideas?

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#772181 - 07/25/16 09:53 PM Re: Vehicles in divorce [Re: mikenumfour]
TJMH Online   content

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Registered: 07/17/15
Posts: 339
Having the car as security for the loan would make things more clear-cut, but if you took out the unsecured loan during the marriage seems like that would still be marital debt, so still split between you. So you could probably still make a deal to keep the car and the loan, give her a couple hundred dollars and call it good.

If you really need the lien, you might check with your bank or credit union to see if they'll make you a loan against it.

But now that divorce is in the air I think you need to be really careful about tracking financial matters like changing titles or incurring new debt so it doesn't look like you're trying to manipulate things to screw her over.

She's probably also entitled to half of the furniture you bought, and you might have some arguments about the $7,000 in marital funds that you put into your house. The house is probably still your separate property, but she may lay claim to some value based on that--maybe just half of the money put in, but I could also see her claiming rights to the resulting increase in value/equity in the house. I'd mention that to your attorney, seems like that could get a lot stickier than the Jeep issue.

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#772182 - 07/26/16 12:22 AM Re: Vehicles in divorce [Re: TJMH]
mikenumfour Offline

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Registered: 07/23/16
Posts: 8
Yea I'll check with the bank and see what they say. Someone said to borrow against it to create a lien.
As far as the furniture and kitchen upgrade goes, it pisses me off that I pay for every single thing in this house. I've bought and paid for everything. I make in a day almost what she makes in 2 weeks. And all she has done is hide the majority of her money in the past year

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#772183 - 08/06/16 11:27 AM Re: Vehicles in divorce [Re: mikenumfour]
mikenumfour Offline

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Registered: 07/23/16
Posts: 8
Well my attorney told me that of course the 3 vehicles I bought before the marriage are definitely mine.
As far as the jeep goes, even though it's an unsecured loan, the loan was given to me with the intent to purchase a vehicle, regardless if there's a lien or not. So the jeep is tied to the loan. And I owe more than it's worth so nobody will get anything out of it if sold.

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#772184 - 08/11/16 07:11 PM Re: Vehicles in divorce [Re: mikenumfour]
mikenumfour Offline

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Registered: 07/23/16
Posts: 8
Well I guess her attorney didn't tell her what she wanted to hear.
She's pretty much agreeing to what I said I'd give her as long as it's in the final papers. And it doesn't include the jeep

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