Divorce / Separation

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Divorce / Separation

I went through a bankruptcy last year. The man that I had been dating for 2 years financed a car and a TV for me using his credit. I have made all the payments on time on each, out of my own checking accout that I had prior to the marriage . We never established a checking account together. We were married 3 months ago but he has moved out (taking the TV with him) and we are getting a divorce. Now he says he is taking the car as well. Is there any recourse I can take to recoup the money spent making the payments? Can he do this?

Asked on March 25, 2009 under Family Law, Texas

Answers:

R.C., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You probably can get your possessions back, or the money you spent for them.  However, you very much want to avoid going all the way to trial in order to do so—it will cost you far more than a TV and a car, and the emotional stress is high.  >Unfortunately, your attempt to circumvent the bankruptcy has given your husband a bit of an edge, but on the other hand, mediation may work this out for you. There are many experienced and excellent divorce mediators in Texas.  Mediation is non-binding, and would involve you and your husband, so he must agree to try it with you, which, given his actions so far, might not happen.  If not, or if you aren’t happy with the results, consult a lawyer on your own.  The issues between you two seem resolvable, and a good lawyer will be your advocate to resolve them and reach settlement.

You probably can get your possessions back, or the money you spent for them.  However, you very much want to avoid going all the way to trial in order to do so—it will cost you far more than a TV and a car, and the emotional stress is high.  Unfortunately, your attempt to circumvent the bankruptcy has given your husband a bit of an edge, but on the other hand, mediation may work this out for you. There are many experienced and excellent divorce mediators in Texas.  Mediation is non-binding, and would involve you and your husband, so he must agree to try it with you, which, given his actions so far, might not happen.  If not, or if you aren’t happy with the results, consult a lawyer on your own.  The issues between you two seem resolvable, and a good lawyer will be your advocate to resolve them and reach settlement.


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