Can my husband take my car in our divorce, if it’s in mine and my dad’s name?

And can I get divorced while being pregnant?

Asked on December 29, 2010 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation at this time in your life.  Yes, you can get divorced at any time, pregnant or not.  There just will have to be more to the divorce than just dividing assets between you.  You will have to deal with all the issues that surround having children: custody, visitation and support.  As for your assets, the first step will be in determining which of your assets are marital assets and which are not (separate property).  Who hold title to the asset may not necessarily be determinative of whose it is.  Whether it was yours before the marriage, how it was paid for (with marital funds or not), if it was a gift, etc.  All this will betaken in to account.  Once the type of asset is determined then the Court will decide its distribution. Montana is an equitable distribution state, meaning that assets are divided equitably not equally.  Get some legal help here.  Good luck.


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