Can my wife take both automobiles when we separate?
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Can my wife take both automobiles when we separate?
My wife and I owned 2 automobiles while we were together. She has moved out of the house and has taken one of the cars. The other car is in the shop to get a new transmission. She refused to pay the mechanic the money for his services. If I pay him can she still take the van? Note that both vehicles are in her name and both were aquired during the marriage.
Asked on June 4, 2009 under Family Law, Louisiana
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If both vehicles are in her name than legally she is entitled to possession of both. If you are currently going through a divorce than your attorney would know best how to proceed at this point. Depending on the laws of the state and the specific judge it is never a guarantee how a ruling will come out. If you for instance solely paid for one vehicle but it was in her name you may be able to make a case for possession by providing the money trail. If not than she may be able to obtain and keep control of both vehicles
As I said ask your attorney or call one if you are not currently represented. A local attorney will know how to handle this type of matter in your area and how best to get you the best possible end result
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