Who gets to keep the RV?

[gperkins67]

Jurisdiction

Texas

My wife an I are preparing to file for divorce. Due to the economy back in 2009, I had to file for bankruptcy chapter 13, not that i wouldn't pay but all of a sudden couldn't. Since then, my wife and I purchased a fifth wheel rv and a one ton Chevy truck, both in her name only which we've been living in full time since 2013.

She is planning to live with her parents and assume about 20K in credit card debt (all in her name but still community debt) while she expects me to sell the RV and the truck and go live in an apartment.

I want to retain the truck and RV, continue to live in it full time, and as I am able to (my chapter13 has been discharged), refinance either both or trade either both in my name only. The RV has an inequity of about 20K, equal to that of the credit cards which I would be assuming. I work as an accountant now and can easily make the payments on both vehicles, and it would be cheaper for me to do this that rent an apartment.

My question is, can I keep the Rv and the truck along with the financial responsibility for them, even if their financed in her name only but are both considered community property?

 

[adjusterjack]

Community property doesn't mean you can't make arrangements to divide property as you both see fit and agree on.

You certainly can swap the debt for the vehicles since the amounts are relatively equal..

I suggest that you first apply for and qualify for the refinancing of the truck and RV, get an approval letter from the lender and present it to your wife.

"I have the refinancing approved now" is a heck of a lot stronger than "Oh, I can get refinancing if you let me keep the truck and RV."

Get it?

Then, if she agrees, you can both go to the lender and do the transfer and payoff of the old loan and include that agreement in your decree.

I would caution against trying for a trade in until you actually own the vehicles and, even then, not. You're only going to get low balled and screwed by the dealer.

 

[gperkins67]

Community property doesn't mean you can't make arrangements to divide property as you both see fit and agree on.

You certainly can swap the debt for the vehicles since the amounts are relatively equal..

I suggest that you first apply for and qualify for the refinancing of the truck and RV, get an approval letter from the lender and present it to your wife.

"I have the refinancing approved now" is a heck of a lot stronger than "Oh, I can get refinancing if you let me keep the truck and RV."

Get it?

Then, if she agrees, you can both go to the lender and do the transfer and payoff of the old loan and include that agreement in your decree.

I would caution against trying for a trade in until you actually own the vehicles and, even then, not. You're only going to get low balled and screwed by the dealer.

 

[gperkins67]

The problem is I just came out of bankruptcy (chapter13) it would take me 1-3 year to get both refinanced under my name alone. We live in the RV full time whuch mkes it a residence, only she left after being arrested for spousal assault upon me in that RV. The truck and rv are financed under her name, I'm willing to make the payments, insurance and maintenance on both and have the means to do so. Texas is a community property state, both were purchased while married, making us both equal owners under the law. This rv has 20K of inequity while she has 20K of credit cards.

She wants me to agree to sell the rv which has been out home for three years, sell the truck and whatever I get for it I get for it (2013 chevy dually 4X4 LTZ) and go buuy a beater while she just traded in out completely owned honda accord for a new crv, and expects to give me nothing for it as far as equity goes.

I want to keep the truck and rv
she wants to sell both
she wants to keep the new honda and give me nothing for the equity of the car we already owned outright.

 

[adjusterjack]

If the two of you don't agree (and you obviously don't) then you will need a judge to make the decision for you.

I suggest you stop "preparing" to file and just file your petition and have it served on her.