Jim1967
New
Reged: 07/06/08
Posts: 2
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I have been married only three years. My wife and I married in Winter Haven, FL. Last year we moved to Kennesaw, GA. I have been out of work for over a year, but just completed a graduate degree. My wife decided last month to leave me. She moved back to Winter Haven, FL and I have moved back to Liverpool, NY. When my wife left, she took the title to my car although the title only contains my name. The car is paid off. She says the she wants the car back since a credit line on her condo was used to pay off that and much other credit. What is the legality in this? Can she legally take the car and leave me without? Would I be required to reimburse her for funds used to pay off the debt on the car? Please help me so I can determine what to do next.
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Jada
Platinum
Reged: 06/02/07
Posts: 3345
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When was the condo purchased? If it was during the marriage, it is also your condo. It doesn't matter who is on the deed. If it was premarital, then she pretty much co-mingled it by using the equity to purchase a marital asset.
You would be entitled to half the increase in equity in the condo since your marriage began.
Legally, she can take the car since it is a marital asset. But since it is a marital asset AND it is in your name, you can take it back. And you are the only one who can sign the title over to anyone else without a court order. In other words, she can't put the title in her name or sell the car without a court order.
You can also get a replacement title for your car. Contact your local motor vehicle service agency and find out how to go about that.
Any debt acquired during the marriage is both you and your stbx's responsibility. And if she used a premarital asset of hers to help pay off a premarital debt of yours, she's going to find out that she co-mingled premarital items and won't be able to recover the full amount, like she thinks she can.
You didn't mention if you have kids or not, if you do, then that needs to be addressed as well. If not, that is one less thing to fight over.
Get yourself an attorney.
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gigi
Platinum
Reged: 11/06/06
Posts: 5052
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If you're saying that you were a poor graduate student when you met her, that she used her assets to pay off your debts and you never did find work to help out ... then I understand why she wanted to keep your car hostage in exchange for you reimbursing her for what she spend to pay off your car and credit cards.
On the other hand, if the debts paid off were incurred by both of you, if the condo was not her asset to begin with and all she's saying is that seh thinks it's unfair that you never contributed because you were in school the whole marriage so she took the car becasue she's of the opinion that since she was the only one working, she is the only one who should get any property that the two of you accumulated ... well... she's being ridiculous.
We can't possibly know what's fair without knowing the whole thing... when was teh condo purchased, when were the cars purchased, how much is each worth. How much credit card debt was there and when were those incurred. And did she pay anything for your degree program (other than household expenses because you were not earning a living while you were in school)?
How long ago did you get your degree? Why did the two of you move to Ga?
I know that when you graduate school, it's daunting to have a ton of loans, but that's kind of part of the deal... your school is a bad financial deal if it does not provide enough of a financial boost in your career to make up for the debt you incurred to get the education. If she came into the marriage with assets and you did not, and she felt comfortable with paid off debt to start from scratch, then that would have been a great deal for the two of you if you'd stayed together, but it's REALLY unfair for her to have paid off your living expenses and car loans & stuff, if it made it possible for YOU to take advantage of your wonderful new degree at a time when you and she are no longer togethe rand SHE does not get any advantage of that wondeful new education. No matter what the law says, if you think like this, is it FAIR for you to have to pay her back for some of the stuff that was paid off during the marriage? If so, then it's the RIGHT thing for you to do, to pay her back... even if that means you'll be in debt... because like I said, most graduate students end up school with quite a bit of debt. That's the way it works... and if you're the kind of guy who would walk away from a marriage all happy that his ex paid off his debt and not willing to own up to it and pay her back... well, that tells people AND it tells yourself something about what kind of person you are.
On the other hand, if you do some soul searching about this and it turns out that she's just angry because you never supported her and she doesn't want to share anything that the two of you accomplished in those three years... well... then you would be perfectly reasonable to want at least your car back! at LEAST.
Only you know the numbers and only you know what really feels fair. If you are HOPING for "fair" to be one thing, but you know deep down that it's not.... well, follow your heart. Or ask us.
But give us more details & we'll let you know.
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Starion
Gold
Reged: 03/04/08
Posts: 134
Loc: South Florida
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She can't do much of anything as far as your car. Go to the DMV and tell them you lost your title and need another one. Pay $ 10 (two years ago) and they will mail you a new title within 2 weeks.
If it's in your name there is nothing she can do short of stealing the car which if she does will help you in the long run. Report it stolen and give them her address if she does.
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