Wife doesn't want divorce and won't sign papers

[malindaz]

New York

My best friend wants to divorce his wife but she doesn't want to. He sent a separation agreement via his attorney (seven months ago) but she refuses to sign them, thinking she can just stay married and he'll pay her bills forever. He moved out seven months ago but she's still living in his house. Here's his question: can he sell the house while they're still married without giving her the proceeds from the sale? The house is in his name and only he has paid on it. They were married 19 years when he moved out and he did buy the house after they were married. Also, she is driving a car he bought and paid for himself. He wants to take back the car since the one he's driving needs a lot of work that he can't afford. Can he take the car back? It's in his name only.

 

[LdiJ]

New York

My best friend wants to divorce his wife but she doesn't want to. He sent a separation agreement via his attorney (seven months ago) but she refuses to sign them, thinking she can just stay married and he'll pay her bills forever. He moved out seven months ago but she's still living in his house. Here's his question: can he sell the house while they're still married without giving her the proceeds from the sale? The house is in his name and only he has paid on it. They were married 19 years when he moved out and he did buy the house after they were married. Also, she is driving a car he bought and paid for himself. He wants to take back the car since the one he's driving needs a lot of work that he can't afford. Can he take the car back? It's in his name only.

The house and the car are both marital property, therefore doing that would cause him some serious grief.

If she won't sign the paperwork, then its time to hire an attorney.

 

[malindaz]

He DOES have an attorney and his wife does too. Why can't he take the car back? It's his car, not hers.

 

[LdiJ]

He DOES have an attorney and his wife does too. Why can't he take the car back? It's his car, not hers.

If he has an attorney, he should be asking his attorney these questions, not an internet message forum.

Also, its marital property therefore its THEIR car, no matter whose name is on the title.