Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Divorce, Separation & Annulment

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-22-2004, 08:42 AM
LEE-LEE
Guest
 
Posts: n/a

Please Help!


What is the name of your state?MD

MY BROTHER AND HIS WIFE HAVE BEEN MARRIED FOR 5 YEARS, THEY HAVE TWO CHILDREN...

THEY ARE SEPARATED AND THE DIVORCE HEARING IS IN A FEW MONTHS

HER CAR JUST DIED AND THEY CO-OWN HIS VEHICLE...(ITS ON A LEASE AND ITS THE ONLY VEHICLE HE HAS) SHE WANTS HIM TO TRADE THAT VEHICLE IN SO IT CAN BE A DOWN PAYMENT FOR HER CAR.

HE PAYS HER 1400 A MONTH IN CHILD SUPPORT

THEY HAVE A HOUSE THAT HE WANTS TO SELL BUT SHE REFUSES TO DO SO.

IS THERE ANYTHING SHE CAN DO OR HAVE DONE TO MAKE HIM GIVE HIS ONLY MEANS OF TRANSPORTION UP FOR HER BENEFIT SINCE SHE LOST HERS?

Can she file some kind of papers with the courts to have a hearing in regard to the car or will that have to wait for the divorce hearing (he asked that she release her rights to the vehicle when he filed)

Last edited by LEE-LEE; 07-22-2004 at 08:56 AM.
  #2  
Old 07-22-2004, 08:51 AM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
First, stop posting in all caps. It's against forum rules and is very hard on the eyes.

Second, tell your brother to tell his soon-to-be ex 'tough luck' and he'll see her at the divorce hearing.

Third, if they co-own the home then your brother should either file partition on the house or ask for it in the divorce. And if he doesn't have an attorney, he needs to get one NOW!

He should be doing nothing until the divorce hearing. PERIOD!
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #3  
Old 07-22-2004, 08:55 AM
LEE-LEE
Guest
 
Posts: n/a
Quote:
Originally Posted by BelizeBreeze
First, stop posting in all caps. It's against forum rules and is very hard on the eyes.

Second, tell your brother to tell his soon-to-be ex 'tough luck' and he'll see her at the divorce hearing.

Third, if they co-own the home then your brother should either file partition on the house or ask for it in the divorce. And if he doesn't have an attorney, he needs to get one NOW!

He should be doing nothing until the divorce hearing. PERIOD!
Sorry

Thats what I told him...he's the one that filed and he asked for custody, that the house be sold and she take her name off of the lease of that vehicle.

Can she file some kind of papers with the courts to have a hearing in regard to the car or will that have to wait for the divorce hearing (he asked that she release her rights to the vehicle when he filed)
  #4  
Old 07-22-2004, 09:05 AM
Senior Member
 
Join Date: Jan 2003
Posts: 19,145
If she is on the lease, she has a financial obligation in regards to the car toward the leasor. Nobody other than the leasor can release her from that.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #5  
Old 07-22-2004, 09:07 AM
LEE-LEE
Guest
 
Posts: n/a
Quote:
Originally Posted by nextwife
If she is on the lease, she has a financial obligation in regards to the car toward the leasor. Nobody other than the leasor can release her from that.
I'm not understanding....

He had the company send her the paperwork to get off the lease months ago, she never signed it...now she wants him to trade the car in so she can get one because she doesnt have a down payment or a trade-in of her own.
  #6  
Old 07-22-2004, 09:14 AM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Listen, tell brother dearest to grow some balls and tell his soon-to-be ex NO! That everything will wait for the divorce hearing.

then tell him to get an attorney.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #7  
Old 07-22-2004, 09:48 AM
LEE-LEE
Guest
 
Posts: n/a
Okay, one more thing

Can the courts award her the vehicle in the divorce hearing?
  #8  
Old 07-22-2004, 09:50 AM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Yes, no and maybe. It depends on how much the judge had to drink that morning.

There is no way of knowing. Because each divorce is different, with differing circumstances.

Now, lead your brother by the hand to an attorney and get serious about this.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #9  
Old 07-22-2004, 09:57 AM
LEE-LEE
Guest
 
Posts: n/a
Quote:
Originally Posted by BelizeBreeze
Yes, no and maybe. It depends on how much the judge had to drink that morning.

There is no way of knowing. Because each divorce is different, with differing circumstances.

Now, lead your brother by the hand to an attorney and get serious about this.
He had an attorney for a protective order case she filed against him (which was dropped) but with the child support, and all of his other expenses, he owes the IRS, etc...he cant afford on right now..the divorce hearing in in about 3 months. Legal aid lawyers wont help him because he makes too much money.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:58 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.