Did I screw up royally

[cookiemonster08]

What is the name of your state? Ohio

In December of 07 I used marital money to pay off a minivan Im driving that is joint property. I found out my x plans on filing contempt charges against me.

As I said I paid our minivan off with joint money in Dec of 07. The judgement entry on Temporary orders Dated 2-8-08 says the following:

"Each party is restrained and prohibityed from selling, trading, taking away, emcumbering, conceling, disposing of, harming, dammaging abusing all or any part of the parties' jointly or singly owned property"

 

[Zigner]

No, you did not - why do you think you did?

 

[cookiemonster08]

My husband is saying Im in contempt for using our savings to pay off the minivan?! I did NOT consult him about this and he somehow forgot we had this money?! I'm hoping that I did not do any of the things that I was told not to do... He stated I "traded" the money for a pink slip on the van?!

 

[Zigner]

Without even debating whether or not you disposed of the money by putting it in to the van...
You took this action PRIOR to the order being entered.

 

[MFinancier]

What is the name of your state? Ohio

In December of 07 I used marital money to pay off a minivan Im driving that is joint property. I found out my x plans on filing contempt charges against me.

As I said I paid our minivan off with joint money in Dec of 07. The judgement entry on Temporary orders Dated 2-8-08 says the following:

"Each party is restrained and prohibityed from selling, trading, taking away, emcumbering, conceling, disposing of, harming, dammaging abusing all or any part of the parties' jointly or singly owned property"

Nice move I like your thinking...how much are you saving in car payments...$300..$400 a month? The van, the debt and the money were all marital and would have been split anyways. Now just the van will be split. Contempt? Well I think the judge would yawn and tell you to move on...maybe order you to compensate your hubby for the car payments for a few months. It's no biggie in my view...you'll both waste more in legal fees than you'll save. Work it out yourselves!!!

 

[cookiemonster08]

Thanks to all who answered....a big "WHEW!!"
my X is a dufus he will NOT make a move without his lawyer!
So I guess we will go to court and I can say..a big ole "kiss my A$$ I'm not in contempt!"
Thanks again

I would of been making the car payments out of my meesley disability check, and yea I am saving almost 300.00 a month.

 

[acmb05]

Thanks to all who answered....a big "WHEW!!"
my X is a dufus he will NOT make a move without his lawyer!

Thats not being a dufus that is being smart.

So I guess we will go to court and I can say..a big ole "kiss my A$$ I'm not in contempt!"
Thanks again

I would not walk into court with that attitude even though you did nothing wrong.

I would of been making the car payments out of my meesley disability check, and yea I am saving almost 300.00 a month.

Not really because you may have been required to split the payment, just like you may be required to reimburse him for half the cost of the van.

 

[Zigner]

Not really because you may have been required to split the payment, just like you may be required to reimburse him for half the cost of the van.

Yes - she will. If she gets the van, he'll get the appropriate value added to his side of the "ledger"

 

[LdiJ]

Not really because you may have been required to split the payment, just like you may be required to reimburse him for half the cost of the van.

Half of the equity in the van, not half of the cost.

If your ex is not totally up front with his attorney about this, and it goes to court, then you simply state to the judge that the van was paid off on XXX date, XXX number of days/months prior to the temporary court order, and provide proof of that (cancelled check).

The equity in the van will be taken into consideration in the division of the rest of the marital property, just as any equity in the vehicle that he is driving will be taken into consideration in the division of the rest of the marital property.

 

[cookiemonster08]

I would not walk into court with that attitude even though you did nothing wrong.

Not really because you may have been required to split the payment, just like you may be required to reimburse him for half the cost of the van.

I would NOT by any means have an attitude when I went to court....just a snicker afterwards when I get into my car..

I am very aware I will have to "buy" his half of the minivan

 

[cookiemonster08]

The equity in the van will be taken into consideration in the division of the rest of the marital property, just as any equity in the vehicle that he is driving will be taken into consideration in the division of the rest of the marital property.

The truck he is driving is a truck I got from my 1st marriage (the divorce) It is titled and licesenced in my name. I do not want it, it is worth half of what the van is worth (kelly blue book) Is it fair to let him have the truck and I keep the van and no monies are needed in the transaction?

 

[mistoffolees]

The truck he is driving is a truck I got from my 1st marriage (the divorce) It is titled and licesenced in my name. I do not want it, it is worth half of what the van is worth (kelly blue book) Is it fair to let him have the truck and I keep the van and no monies are needed in the transaction?

'Fair' is a loaded word.

If you let the judge decide, then the judge will attempt to equalize cash value. So if you keep the van, you're going to have to do some math. As I see it, the truck is your personal property and should not be party to the divorce. So at the divorce, you'd split the value of the van and have to give him half. So if the truck is worth half of what the van is, you're going to be even (someone will be sure to correct me if I've made a mistake).

OTOH, if the two of you can reach an agreement between yourselves, the judge will probably accept whatever you agree to within reason.

 

[LdiJ]

'Fair' is a loaded word.

If you let the judge decide, then the judge will attempt to equalize cash value. So if you keep the van, you're going to have to do some math. As I see it, the truck is your personal property and should not be party to the divorce. So at the divorce, you'd split the value of the van and have to give him half. So if the truck is worth half of what the van is, you're going to be even (someone will be sure to correct me if I've made a mistake).

OTOH, if the two of you can reach an agreement between yourselves, the judge will probably accept whatever you agree to within reason.

Example:

Truck is worth 5000.00 and is her premarital property. It does not have to be divided. Its all hers.

The van is worth 10000.00. His half is 5000.00.

If she lets him keep the truck they should be even. She should not have to give him any money for the van.

 

[mistoffolees]

Example:

Truck is worth 5000.00 and is her premarital property. It does not have to be divided. Its all hers.

The van is worth 10000.00. His half is 5000.00.

If she lets him keep the truck they should be even. She should not have to give him any money for the van.

I think I said that.

 

[cookiemonster08]

all clear thanks!