• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Please Help!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

LEE-LEE

Guest
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? :mad:

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:


BelizeBreeze

Senior Member
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!
 
L

LEE-LEE

Guest
BelizeBreeze said:
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)
 

nextwife

Senior Member
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.
 
L

LEE-LEE

Guest
nextwife said:
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.
 

BelizeBreeze

Senior Member
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.
 
L

LEE-LEE

Guest
Okay, one more thing

Can the courts award her the vehicle in the divorce hearing?
 

BelizeBreeze

Senior Member
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.
 
L

LEE-LEE

Guest
BelizeBreeze said:
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.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top