will she get both cars?

[danielson1121]

What is the name of your state (only U.S. law)? Wisconsin
I live in wisconsin and about two months ago my wife up and left taking our only car and her cloths and stuff like that. leaving me to take care of the house and all the bills involved, minus her car payment. she also left her almost 19 year old son living with me. i havent filed yet because im waiting for an approval for the judge to wave the filing fee so i can afford to do it. i was driving her kids car that kept breaking so i went and bought a new to me truck today. it was in house financed and titled only in my name. i bought it in michigan just because. i started to wonder if she could wind up getting both vehicles when im finally able to file and we get to court. we have a house in both our name her car is in hers and a pretty pricey boat in both our names which i want to keep and she could care less about having it. and we owe to much to sell. what do you see happening in this divorce with what i've said so far as far as who will get what. i have been paying the house bills and there is a good chance that we will not be able to sell the house for what we owe due to the market. starting to get nervousWhat is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Wisconsin
I live in wisconsin and about two months ago my wife up and left taking our only car and her cloths and stuff like that. leaving me to take care of the house and all the bills involved, minus her car payment. she also left her almost 19 year old son living with me. i havent filed yet because im waiting for an approval for the judge to wave the filing fee so i can afford to do it. i was driving her kids car that kept breaking so i went and bought a new to me truck today. it was in house financed and titled only in my name. i bought it in michigan just because. i started to wonder if she could wind up getting both vehicles when im finally able to file and we get to court. we have a house in both our name her car is in hers and a pretty pricey boat in both our names which i want to keep and she could care less about having it. and we owe to much to sell. what do you see happening in this divorce with what i've said so far as far as who will get what. i have been paying the house bills and there is a good chance that we will not be able to sell the house for what we owe due to the market. starting to get nervousWhat is the name of your state (only U.S. law)?

Whoever keeps an asset is responsible for the ongoing payments for the asset. If an asset has no equity (you owe more than you can sell it for) then it really doesn't factor into the equitable division of marital assets. So, if both the boat and the house are upside down, you aren't going to owe her anything towards those assets if you keep them.

However, the other problem is that you are going to have to refinance both items to take her name off of them, and that might not be possible. If that isn't possible, and she goesn't agree to give you time to build up so equity so that you can do that, then they are going to have to be sold, even if it ends up being a short sale.

Each of you are going to be expected to keep a vehicle, so there is almost no chance she could ever end up with both vehicles.

Retirement accounts factor into equitable division as well.