Can I Get My Money Back

[aladso]

What is the name of your state (only U.S. law)? SC & NC

I am starting to go through what has the potential of being a very messy divorce. Right now Im at the point where I am tired of arguing who gets what and what goes where. He can have it all now I dont want it any more expect for the car that is in both of our names. I am the one who makes the payments, car insurance payments, and the one the finance company know by face, voice and name. It my debit card that is used when payments are made. Its my face they see when I take the car to be serviced or make payment to them. But since the car is in both our names his being the primary he wants that too. Again I say Im tired of arguing, but this car is my only means of transportion. If I let the car go, can he be sued for all the payments made into the car. Because again Im the one who did and does everything with the car. If I must give the car to him, can't he pay me for all that was done to the car. So that I can get another one.

 

[LdiJ]

What is the name of your state (only U.S. law)? SC & NC

I am starting to go through what has the potential of being a very messy divorce. Right now Im at the point where I am tired of arguing who gets what and what goes where. He can have it all now I dont want it any more expect for the car that is in both of our names. I am the one who makes the payments, car insurance payments, and the one the finance company know by face, voice and name. It my debit card that is used when payments are made. Its my face they see when I take the car to be serviced or make payment to them. But since the car is in both our names his being the primary he wants that too. Again I say Im tired of arguing, but this car is my only means of transportion. If I let the car go, can he be sued for all the payments made into the car. Because again Im the one who did and does everything with the car. If I must give the car to him, can't he pay me for all that was done to the car. So that I can get another one.

You can really end up regretting things later if you don't get your share of the marital assets now. It may seem easier not to argue with him right now, but in the end, you are going to be better off if you insist on fairness. If you can't agree, let the judge decide.

 

[mistoffolees]

What is the name of your state (only U.S. law)? SC & NC

I am starting to go through what has the potential of being a very messy divorce. Right now Im at the point where I am tired of arguing who gets what and what goes where. He can have it all now I dont want it any more expect for the car that is in both of our names. I am the one who makes the payments, car insurance payments, and the one the finance company know by face, voice and name. It my debit card that is used when payments are made. Its my face they see when I take the car to be serviced or make payment to them. But since the car is in both our names his being the primary he wants that too. Again I say Im tired of arguing, but this car is my only means of transportion. If I let the car go, can he be sued for all the payments made into the car. Because again Im the one who did and does everything with the car. If I must give the car to him, can't he pay me for all that was done to the car. So that I can get another one.

No, you can't sue him for your past payments. If he keeps the car, he will be required to pay you for your half of the equity. He will also be forced to give you half of all your other assets.

In general, if you make this all about the car, you're going to lose out (unless it's the only asset in which case he shouldn't have to give it to you). You need to consider all the marital assets and debts and you'll get half of each. Then you can trade off one thing for another if you wish.

If you really don't want to deal with him, then you can either have an attorney handle all the communications or you can let the judge decide how things are to be split. Saying "you can have everything but the car" is probably not in your best long term interest.