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SoldierWronged

Junior Member
What is the name of your state (only U.S. law)? Maryland

I was away on Active Duty with the Military and shortly after I returned, my wife broke the news that she had cheated on me and we decided to divorce. Believe it or not, we're working on an amicable settlement agreement and we're being very civil to each other. We plan do split everything down the middle. There are no children involved.

My only sticking point is that I feel I am entitled to half the value of her car, since it was purchased from proceeds from the equity of the sale of our previous home. She feels that, since she has contributed more financialy (she makes more money than me) I am not entitled to the $$.

We are persuing a divorce due to adultery. It was her idea and she isn't going to contest the complaint. She wants everything over with as quick as possible.

3 questions:
1. Am I entitled to half the value of the car?
2. If we went to court, would a judge be likely to compensate me financily, considering the Adultery while I was on active duty.
3 This is a stretch... Could the fact that I got a vasectomy last year, so that she could go off of birth control, entitle me to addition compensation???
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Maryland

I was away on Active Duty with the Military and shortly after I returned, my wife broke the news that she had cheated on me and we decided to divorce. Believe it or not, we're working on an amicable settlement agreement and we're being very civil to each other. We plan do split everything down the middle. There are no children involved.

My only sticking point is that I feel I am entitled to half the value of her car, since it was purchased from proceeds from the equity of the sale of our previous home. She feels that, since she has contributed more financialy (she makes more money than me) I am not entitled to the $$.

We are persuing a divorce due to adultery. It was her idea and she isn't going to contest the complaint. She wants everything over with as quick as possible.

3 questions:
1. Am I entitled to half the value of the car?
2. If we went to court, would a judge be likely to compensate me financily, considering the Adultery while I was on active duty.
3 This is a stretch... Could the fact that I got a vasectomy last year, so that she could go off of birth control, entitle me to addition compensation???
Do you have another car that you will be keeping?

Generally the way a marital settlement works is you don't split each thing down the middle. You figure out the value of all of the assets and debts combined, and then divide things so that you each end up with your fair share of both. The total result should be 50/50, but not necessarily of each individual thing.

Also, the value of a car is blue book value today, minus any outstanding loans.
 

SoldierWronged

Junior Member
No Gap insurance... thanks!

So as far as the debt is concerned, the only debt we have is my vehicle. It's maybe worth 18K and I owe about 20K. Her car is worth 14-16K. The vehicles are titled individually.

Is it customary for the debt to be paid off as part of the property settlemet, after we sell our real estate..... it doesn't seem fair that she walks away with her car paid off and I end up with a substantial debt.
 

mistoffolees

Senior Member
No Gap insurance... thanks!

So as far as the debt is concerned, the only debt we have is my vehicle. It's maybe worth 18K and I owe about 20K. Her car is worth 14-16K. The vehicles are titled individually.

Is it customary for the debt to be paid off as part of the property settlemet, after we sell our real estate..... it doesn't seem fair that she walks away with her car paid off and I end up with a substantial debt.
You're going to walk off with equal amounts (at least if you let the judge rule). They'll add up the total value of all your marital assets and subtract the total marital debt and you get half of what's left. Then all that's left is deciding who gets which pieces.

If she keeps a paid off car, she'll have to give you other assets equal to half of the car's value to compensate.
 

LdiJ

Senior Member
No Gap insurance... thanks!

So as far as the debt is concerned, the only debt we have is my vehicle. It's maybe worth 18K and I owe about 20K. Her car is worth 14-16K. The vehicles are titled individually.

Is it customary for the debt to be paid off as part of the property settlement, after we sell our real estate..... it doesn't seem fair that she walks away with her car paid off and I end up with a substantial debt.
Whenever someone keeps an asset, the debt associated with that asset stays with the person who keeps it. The same applies for mortgages etc.

However, the paid off car is a marital asset and goes into the marital asset "pot".

Lets say that her car is worth 14k (and again, its Blue Book Value, and not retail, but wholesale so make sure that you accurately value it). Lets say that you also have 30k of real estate equity, and you have a savings account of 4k. That's a total of 48k in marital assets, or 24k for each of you. If she keeps the car, then she gets 10k of other marital assets, to bring her to 22k.

If your car were to be paid off out of marital assets, then you would recieve only the difference between your car loan and 24k, as your share.
 

Bali Hai

Senior Member
What is the name of your state (only U.S. law)? Maryland

I was away on Active Duty with the Military and shortly after I returned, my wife broke the news that she had cheated on me and we decided to divorce. Believe it or not, we're working on an amicable settlement agreement and we're being very civil to each other. We plan do split everything down the middle. There are no children involved.

My only sticking point is that I feel I am entitled to half the value of her car, since it was purchased from proceeds from the equity of the sale of our previous home. She feels that, since she has contributed more financialy (she makes more money than me) I am not entitled to the $$.

We are persuing a divorce due to adultery. It was her idea and she isn't going to contest the complaint. She wants everything over with as quick as possible.

3 questions:
1. Am I entitled to half the value of the car?
2. If we went to court, would a judge be likely to compensate me financily, considering the Adultery while I was on active duty.

Since she makes three times your annual salary and you sacrificed for her and your country, I would think that a handsome amount of alimony would be in order.

3 This is a stretch... Could the fact that I got a vasectomy last year, so that she could go off of birth control, entitle me to addition compensation???
You should have waited on the vasectomy because the judge will do that for free!
 

tuffbrk

Senior Member
What is the name of your state (only U.S. law)? Maryland

I was away on Active Duty with the Military and shortly after I returned, my wife broke the news that she had cheated on me and we decided to divorce. Believe it or not, we're working on an amicable settlement agreement and we're being very civil to each other. We plan do split everything down the middle. There are no children involved.

My only sticking point is that I feel I am entitled to half the value of her car, since it was purchased from proceeds from the equity of the sale of our previous home. She feels that, since she has contributed more financialy (she makes more money than me) I am not entitled to the $$.

We are persuing a divorce due to adultery. It was her idea and she isn't going to contest the complaint. She wants everything over with as quick as possible.

3 questions:
1. Am I entitled to half the value of the car?
2. If we went to court, would a judge be likely to compensate me financily, considering the Adultery while I was on active duty.
3 This is a stretch... Could the fact that I got a vasectomy last year, so that she could go off of birth control, entitle me to addition compensation???

How long have you been married? If it's a long term marriage, you may be entitled to alimony...
 

SoldierWronged

Junior Member
We've been maried for 8 years. I make 90K, she makes 100K.... I doubt I'd be entitled to any alimony and I don't really think I'd want it. I just want to be sure I get my fair share. We're trying to do the Divorce on the cheap so we don't end up both "loosing" by paying a lot of legal expenses. Her Lawyer is going to work with her to draw up a pre-negotiated property agreement, then I'll get a lawyer to look it over.

Seems like the best way to go, but I'm open to other opinions....
 

Silverplum

Senior Member
Her Lawyer is going to work with her to draw up a pre-negotiated property agreement, then I'll get a lawyer to look it over.

Seems like the best way to go, but I'm open to other opinions....
Absolutely have your own attorney review whatever her attorney puts forth. You can't share an attorney.
 

LdiJ

Senior Member
We've been maried for 8 years. I make 90K, she makes 100K.... I doubt I'd be entitled to any alimony and I don't really think I'd want it. I just want to be sure I get my fair share. We're trying to do the Divorce on the cheap so we don't end up both "loosing" by paying a lot of legal expenses. Her Lawyer is going to work with her to draw up a pre-negotiated property agreement, then I'll get a lawyer to look it over.

Seems like the best way to go, but I'm open to other opinions....
At your respective income levels quibbling about her car seems a little "off" somehow.
 

SoldierWronged

Junior Member
At your respective income levels quibbling about her car seems a little "off" somehow.
It's a litlle about principal... and a little about necessity...

I can't afford the house we live in on my own and I need some cash to put down on a new one. We own some real estate elseware, but until it sells.... She's the one that cheated... why should she walk away in better shape than me...
 

LdiJ

Senior Member
It's a litlle about principal... and a little about necessity...

I can't afford the house we live in on my own and I need some cash to put down on a new one. We own some real estate elseware, but until it sells.... She's the one that cheated... why should she walk away in better shape than me...
How much is she really walking off better than you? You both make far better than "living" wage, with your respective salaries being not marginally different.

We already told you how a court would divide it, and you can certainly push for that. However, your legal fees in pushing for that might negate a great deal of what you would gain, and I can't see a judge ordering her to pay your legal fees when your incomes are not marginally different.

You absolutely have the right to insist on an equal property division. I am simply not sure that it is in your best interest to do so. Half of the value of her car would be major for people in much lower income brackets than you and she have. Half of the value of her car is kind of piddling in your respective income brackets.

Yes, I understand that she is the one who cheated, but you have to balance that against potential legal fees...and you also have to balance it against where the money will come from. If its from the real estate that will sell in the future (which is very likely) it won't give you any immediate benefit.
 

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