CanI legally sell my husband’s motorcycle if he left us with no money to live on?

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CanI legally sell my husband’s motorcycle if he left us with no money to live on?

My husband left me our 2 kids a week ago. He took all the money and the car. I do not work outside the home. I have nothing. I’ve been told that I can sell his motorcycle so that I can get money to pay bills.

Asked on July 5, 2011 under Family Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the motorcycle is owned jointly by you and he or was purchased with money after you and he were married, it is likely that you are a part owner of the motorcycle; you may be able to sell it in that circumstance--though as a practical matter, if it is titled only to him, you can't, since you can't provide good title to a buyer--though even then, you'd only be entitled to part of the proceeds. Your husband, as part owner, would also be entitled to his share of the money. And if the motorcyle was owned by him before marriage, or bought by him with money that was only his own (e.g. an inheritance from his family), you'd have no right to sell it.

You should speak with a divorce or family law attorney. In divorce, you should be able to get spousal support, child support, and a share of the marital assets. If you can't afford an attorney, try contacting a  group which provides support and/or advice to divorced women--they may be able to refer you to some free or low cost legal help and also possibly some economic aid as well. Good luck.


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