Can I sign my car over to my daughter before I file for divorce so my wife can’t take it?

I recently signed my car over to my daughter before filing for divorce. My wife has been breaking into my phone and printing out the texts between my daughter and I and found out. Can she still take me to court for a car no longer in my possession?

Asked on September 14, 2016 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, she can take you to court for the car: you cannot hide or keep assets from a spouse in divorce by giving the assets away or titling them in someone else's name. The court can undo a transaction conducted to hide assets and/or simply require you to pay to your wife the value of the asset you kept from her. If you had sold it for fair market value to you daughter, then the court would not undo the transaction--but your wife would be entitled to her share of the sale price.


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