divorce/Ohio

[norbie]

When my husband and I went in front of the Magistrate to divide assets I was awarded our car which is in his name he said under oath that he would have the title transferred to my namebut since he still owes on the loan he says his credit union will not allow him to do this so he is using the car payment as my spousal support that I was also awarded. My attorney is saying I need to sell the car which is in my possession but no longer drive because I purchased a car in my name that I could afford. My question is why do I have to sell a car that is not titled to me nor am I able to get the title to? Also how can he wave my spousal support in lieu of a car payment just because he is won't transfer the title to me but is willing to transfer it if I'm able to sell the car?

 

[Bali Hai]

When my husband and I went in front of the Magistrate to divide assets I was awarded our car which is in his name he said under oath that he would have the title transferred to my namebut since he still owes on the loan he says his credit union will not allow him to do this so he is using the car payment as my spousal support that I was also awarded.

It appears as if you give him the money to pay off the car, the spousal support won't be an issue anymore.

My attorney is saying I need to sell the car which is in my possession but no longer drive because I purchased a car in my name that I could afford.

So sell the car.

My question is why do I have to sell a car that is not titled to me nor am I able to get the title to?

Because HE still owes money on the car.

Also how can he wave my spousal support in lieu of a car payment

Because he knows you won't make the car payment and his credit will be negatively affected from your failure to do so.

just because he is won't transfer the title to me but is willing to transfer it if I'm able to sell the car?

Sounds simple to me, pay the car off or sell it and you'll get your title to it and still receive your spousal support.

 

[LdiJ]

When my husband and I went in front of the Magistrate to divide assets I was awarded our car which is in his name he said under oath that he would have the title transferred to my namebut since he still owes on the loan he says his credit union will not allow him to do this so he is using the car payment as my spousal support that I was also awarded. My attorney is saying I need to sell the car which is in my possession but no longer drive because I purchased a car in my name that I could afford. My question is why do I have to sell a car that is not titled to me nor am I able to get the title to? Also how can he wave my spousal support in lieu of a car payment just because he is won't transfer the title to me but is willing to transfer it if I'm able to sell the car?

Well, its correct that he can't transfer the title to your name as long as there is a lien on the car. He would have to actually pay the car off, obtain the title and then transfer it to your name. This may be what the judge expected him to do...it may not.

You certainly can't sell a car that you don't have title to, so I have no idea why your attorney is recommending that.

Him making the car payment in lieu of giving you your alimony is very questionable at this point....Unless the judge awarded the car to you with the understanding that you would make the car payment (which seems unlikely since he was supposed to transfer the title to you)

I don't understand why you purchased another car in this scenario...again, unless you were responsible for the car payment. If that is the case then it may be fair for him to be paying the car payment in lieu of spousal support....however, if he is doing that, and you were responsible for the car payment, then I STILL don't understand why you purchased another car???....because he is paying the payment on the car that you could have been driving...without you going to the expense of buying another car.

Perhaps it would help if you explain this better.

 

[Bali Hai]

Him making the car payment in lieu of giving you your alimony is very questionable at this point....Unless the judge awarded the car to you with the understanding that you would make the car payment (which seems unlikely since he was supposed to transfer the title to you)

In that case she should file a contempt motion for alimony arrearages, court costs, plus interest, and attorney fees