Very Confused

[mymonkeyfish]

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

I got married just to be seperated a month later. At the time of the seperation my wife and I ived with my mother rent free and she left and I stayed. My dad gave me a car a year before I met my wife, it was under his name but it was my car. My wife and I moved and decided that we need to sell my car and get two cars, so we did. Then when we split we sold the less valuble car that was hers and she kept all the money. Now that she needs money again she is wanting me to give her my car which is the second of the two we got. I thought that because it was an asset that I had before the marriage.. it isnt split between us.

Another thing is that while we were together, I had got three credit cards and put them in my name because her credit was bad. And now of course she cant pay any of the bills. If I am to give her half my car.. is she responsible for half of our credit card debt?What is the name of your state (only U.S. law)?

[mistoffolees]

Originally Posted by mymonkeyfish

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

I got married just to be seperated a month later. At the time of the seperation my wife and I ived with my mother rent free and she left and I stayed. My dad gave me a car a year before I met my wife, it was under his name but it was my car. My wife and I moved and decided that we need to sell my car and get two cars, so we did. Then when we split we sold the less valuble car that was hers and she kept all the money. Now that she needs money again she is wanting me to give her my car which is the second of the two we got. I thought that because it was an asset that I had before the marriage.. it isnt split between us.

Another thing is that while we were together, I had got three credit cards and put them in my name because her credit was bad. And now of course she cant pay any of the bills. If I am to give her half my car.. is she responsible for half of our credit card debt?What is the name of your state (only U.S. law)?

Yes, you are confused - or at least your commentary is.

As I read this, you sold the car you owned before the marriage, so it is no longer an issue. You bought a new car after the marriage, so it is a marital asset.

You MIGHT be able to argue that it should still be separate property if you can trace the money from selling your old car as going directly into the new car, but that's going to be a stretch. People trade in cars all the time and it's hard to argue that every time you trade in a car the original car's ownership passes down the line.

Your best bet is probably mediation where a good mediator will recognize that even though you might not have a legal claim to the car, that it should belong to you, anyway.

In any event, you're probably going to be able to keep the car. The only question is whether you have to pay her anything for the equity.

The other factor is whether there's any debt on the car. If you owe money on it, the person who keeps the car (probably you) will also take on the debt. If it's a recent purchase and you financed much of the cost, there may not be much equity to fight about.

[mymonkeyfish]

We had a bank account together, and my father deposited the money from selling my car into that account and then we took out cash to buy the car in question (which is only worth some $3k). Also, I am much better off financially then she is. During the relationship we inquired some credit card debt together, and I chose not to fight that and just pay it off myself. But she got one of the two cars that we bought with the money from selling my car, and now she wants the second one, which is in my name only, and I pay for the car insuance. Now my worry is that because I am better off financially, she will get the car and I will get stuck with no car and all the credit card debt.

[mistoffolees]

Originally Posted by mymonkeyfish

We had a bank account together, and my father deposited the money from selling my car into that account and then we took out cash to buy the car in question (which is only worth some $3k). Also, I am much better off financially then she is. During the relationship we inquired some credit card debt together, and I chose not to fight that and just pay it off myself. But she got one of the two cars that we bought with the money from selling my car, and now she wants the second one, which is in my name only, and I pay for the car insuance. Now my worry is that because I am better off financially, she will get the car and I will get stuck with no car and all the credit card debt.

That's not likely to happen. If you're using the car for work, then it's likely to be yours. HOWEVER, it looks like marital property, so she's entitled to half the proceeds, just as you're entitled to half of whatever she did with the money she took.

Credit card debt incurred during marriage will also be split.

But if she wants to make a big issue of it, it may cost you more than $1500 to fight over a car where you're entitled to $1500. Don't spend a fortune fighting over it.