What are my rights toa car in a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights toa car in a divorce?
My car was used as a down payment for a new car. Plus I paid $1100. The car is soley in my husband’s name. What are my rights to the car? We married in VA but I am still a resident of LA.
Asked on July 16, 2010 under Family Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
And are you residing in Louisiana for the purposes of the divorce? Louisiana is a Community Property State which means that all property that was acquired during the marriage is split 50/50 by the Court. Generally, whose name the title of the property is in is not an issue if it was purchased during the marriage. There are, however, exceptions to all rules and certain scenarios when property purchased while married is clearly meant to stay separate property. Say, for instance you had inherited money and then had kept it separate and then bought a home in your name only. You could track the funds as coming from the inheritance. The courts may still view that as separate property rather than marital property. It is best for you to seek legal help in your area. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.