While being separated and our kids living with me, do I have any rights to the car we bought?

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While being separated and our kids living with me, do I have any rights to the car we bought?

My husband and I have been separated for 10 months. We financed a car when we were still together. I paid it off last month and then decided to move out of state. My ex told me that if I ever decided to come back he would give me back the car for the kids. Well I came back but he will not give me the car. Do I have any rights to the car?

Asked on April 12, 2011 under Family Law, Florida

Answers:

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

Answered 10 years ago | Contributor

Without discussing the entire issue of trading the car for the kids - which I hope was mis written by youhere - what I can say is that the car is considered to be a marital possession that is subject to equitable distribution under the law in the state of Florida.  That means that the marital assets are distributed equitably, but that does not necessarily mean equally. So yes, you have rights to the car and had them even before you paid it off and left the state (which unless you had permission from your husband to take the kids was not a good idea).  I would consider it time in your relationship to sit down with lawyers and discuss separating legally or divorcing, child custody and dividing the assets.  The court will decide the issue of child support per the laws in Florida.  Good luck to you all.


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