Car Ownership during seperation--then after divorce

[ntiguy85]

Jurisdiction

North Carolina

In April of 2015 I bought a new 2015 Jetta TDi. The following year in 2016 (while I was deployed overseas) I decided I wanted out of the marriage after 6 years and told my wife to move out. When I returned stateside after a couple of weeks she reluctantly moved out and I told her to take the car but get it put in her name because she took our little boy with her and I wanted him to have a safe new reliable vehicle to ride in. Well after 4 months she finally tried to get a loan in her name...but couldn't get approved. So I told her I was going to take the car back due to the fact that the car (car loan) is only in my name, no co-signer, I pay the car note because I cannot trust her to pay it while in my name, I pay the car insurance as well. So as you all can see the car is in my name, I pay the car payment and car insurance. My question is, can I go take the car back legally with her and I still being legally married? And our divorce court date is in March 2017, can the judge tell me to give the car back to her if I decide to keep it and not sell it between now and then?

 

[Disabled Vet]

So what happened to the safety of your little son? You tossed that little guy right out the door for money? You only have 2 month until the judge will set things straight for two grown adults that can't figure out life on their own. So take back the car, then she can take it right back, take it again... she can take it right back. Since your both on the title, loan etc.... it's both your car. Be smart and make sure your son is taken care of. the life of your son is more important then 2 months of payments.

 

[ntiguy85]

Thanks for your opinion, but I was looking more towards the legality of things. And if u go back and read, the car is solely in my name. Nothing to do with the car is in her name. I pay over $500 per month for just the vehicle (car payment and insurance). But I understand that when couples are married assets are divided down the center in some states. Is it like that in NC? And if so, how does that work with a car?

 

[army judge]

Thanks for your opinion, but I was looking more towards the legality of things. And if u go back and read, the car is solely in my name. Nothing to do with the car is in her name. I pay over $500 per month for just the vehicle (car payment and insurance). But I understand that when couples are married assets are divided down the center in some states. Is it like that in NC? And if so, how does that work with a car?

You'll have to wait until the divorce is in flight to know what will happen in your case.

The states having community property are Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin. Community property states follow the rule that all assets acquired during the marriage are considered "community property".

NC is an equitable distribution state.

In North Carolina, in order to file for an Absolute Divorce you must wait until you and your spouse have been separated for one year and one party must have resided in state for six months prior to the filing of the action.

I suggest you discuss a divorce with at least three lawyers in your county.

In some cases, you might be able to DIY divorce.

NC does NOT make it easy to obtain a divorce.
..
..
NC Divorce Tips - 5 Things to Do Before You Divorce
..
..
The issue of child support is going to come up, as will emergency or temporary living expenses.

If you've been married for ten or more years, she'll get 50% of your military pension.
That is, when you retire.
Yes, I said HALF.
Yes, that's NON-NEGOTIABLE, its federal law.
Divorce may seem LESS attractive to you now.

As Johnnie Taylor once sang:
..
..

Good luck.