Divorce and marital assets

[cajun1959]

What is the name of your state (only U.S. law)? Florida

I have been seperated from my wife for over a year. This is my second marriage. It is time to get the divorce. On Oct 6th, my wife and I had an agrument that was the last straw. Two days later, my wife went to my son's school nad took his car. (this is his stepmother). My son came out of school to see that his car was missing. The School Resource Officer called my wife and she admitted to taking the car. She said that her name was on the title. The SRO said that it was not and she looked into the glove box and found that the car is not in her name but mine and my son's. She sd that she would bring it back. After awhile she nevr showed up. The SRO call er again and she said that the car was a marital asset and that she had a right to the car. The SRO called his Sargent and went over the issue with him and said to file a stolen car report (which was done). The car was boought during the marriage but it bought first for her daughter. Then when the daughter wanted to get a new car, it was time for my son to get his DL. I bought the car back from the daughter and gave it to my son on his birthday. In both cases I paid the money for the car and they were given as gifts. Not like furniture, tv, washer dryer. If this is considered as marital property, then saw should everything that had been bought at x-mas, birthdays, graduation and so forth. My questions is, since this car was bought and given as a x-mas gift and then for a birthday gift, can it be considered a marital asset? Thank you all in advance for your responses and help.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Florida

I have been seperated from my wife for over a year. This is my second marriage. It is time to get the divorce. On Oct 6th, my wife and I had an agrument that was the last straw. Two days later, my wife went to my son's school nad took his car. (this is his stepmother). My son came out of school to see that his car was missing. The School Resource Officer called my wife and she admitted to taking the car. She said that her name was on the title. The SRO said that it was not and she looked into the glove box and found that the car is not in her name but mine and my son's. She sd that she would bring it back. After awhile she nevr showed up. The SRO call er again and she said that the car was a marital asset and that she had a right to the car. The SRO called his Sargent and went over the issue with him and said to file a stolen car report (which was done). The car was boought during the marriage but it bought first for her daughter. Then when the daughter wanted to get a new car, it was time for my son to get his DL. I bought the car back from the daughter and gave it to my son on his birthday. In both cases I paid the money for the car and they were given as gifts. Not like furniture, tv, washer dryer. If this is considered as marital property, then saw should everything that had been bought at x-mas, birthdays, graduation and so forth. My questions is, since this car was bought and given as a x-mas gift and then for a birthday gift, can it be considered a marital asset? Thank you all in advance for your responses and help.

The difference is that when you give someone a TV or washer or furniture, there's no name on the title. In this case, your name is on the title. That probably makes your 1/2 of it marital property. FL is an equal distribution state, so it will be difficult to take the car out of consideration.

She doesn't have the right to take the car or drive it, but she may be entitled to 1/4 of the current value (less debt, if any).

 

[cajun1959]

Thank you. Not to mention she had a copy of the old title that she (which she said that she did not have) showed to an officer that when we went to pick up personal items and get the car back that stated she sold the car to her mother for $10.00. The officer said that my name was on it but he said speaking with them he would not put it past them to have someone sign my name. We did not have our title with us. My son left it in the glove box and she took it. The officer (which is in a different county from where the car as taken) said this is a civil matter and would not force anything. Although the legal caouncel for the State Attorney from my caounty states there is cause to go after her for grandtheft. What a mess.

 

[mistoffolees]

Thank you. Not to mention she had a copy of the old title that she (which she said that she did not have) showed to an officer that when we went to pick up personal items and get the car back that stated she sold the car to her mother for $10.00. The officer said that my name was on it but he said speaking with them he would not put it past them to have someone sign my name. We did not have our title with us. My son left it in the glove box and she took it. The officer (which is in a different county from where the car as taken) said this is a civil matter and would not force anything. Although the legal caouncel for the State Attorney from my caounty states there is cause to go after her for grandtheft. What a mess.

You certainly could go after her for a bunch of things - grand theft, forgery (if they actually did it), selling stolen property, and so on.

Whether it's worth it is another matter. You may be better off simply bringing it up during the divorce hearing and asking for sole possession of the car. Having her in jail for fencing stolen property could take the wind out of her sales, but at the same time, it pretty much ruins any chance of an amicable divorce.

 

[cajun1959]

We do not have any children together and not much in marital asssts. I have some furniture from be for I was married and some I got from my mother when she passed and that would not be considered joint asset. I did my her a new van for $32,000.00 that she did not make payments on and got repo'd(thank god my name was not on that). There really would not be much to dispute. Thank you.

 

[ShyCat]

We did not have our title with us. My son left it in the glove box and she took it.

For future reference, the car's title should be kept in a safe deposit box or home safe. Registration and insurance confirmation in the glove box, of course, but a title??? No way.

 

[cajun1959]

Yes, a lesson well learned. The replacement title was recieved today. Thank you.