Does The Party Awarded The Asset Take The Debt?

divorce lawyer Daniel LambertQuestion:

I have a vehicle financed in my name.

During temporary orders, my soon-to-be-ex-wife was awarded possession of the vehicle until the divorce is final at which point we are to switch cars since I am driving the one in her name that is paid off.

She is saying that since I signed an uncontested divorce she gets to keep my car.

Is this true? I am the one paying off the loan, making insurance payments, etc. Can I take the car back?

Answer:

I can only provide general divorce tips for men and recommend that you consult with a mens divorce attorney licensed in your state concerning your divorce case.

Courts can issue temporary orders until the divorce is finalized. In the temporary orders, the court will assign use of assets, including cars, and further assign debt obligations to each party pending the divorce.

The payments made during this period can be a credit in the final property division. Divorce lawyers recommend that detailed records are kept on the payments during the pendency of the divorce to make the request for an offset at the divorce.

My state is a community property state, which means that the default in property division is that all assets are subject to division, excluding gifted and inherited property. A prenuptial agreement and alter this presumption.

Accordingly, at the time of the final divorce, the court will divide the martial estate including all assets and debts. The title of the property is not binding on the final division and a spouse can be assigned an asset or debt that is solely in the other spouse’s name.

Parties are required to follow the temporary orders, and if the other spouse is awarded the temporary use of the car, the other spouse cannot take it back without further order of the court or an agreement between the parties that has been approved by the court.

As to the debt, the court can, and generally does, order the party with the asset to take the debt with that asset. If a party is awarded a debt that is in the other’s name, the general provision is that the other spouse has to pay off the debt or refinance the debt within a set period.

Again, I recommend you consult a men’s divorce attorney licensed in your state concerning the property division, temporary orders and the procedural rules of an uncontested divorce.

To schedule an appointment with a Cordell & Cordell divorce attorney, such as Milwaukee Divorce Lawyer Daniel L. Lambert, please contact Cordell & Cordell Law Firm.

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