Who Gets What?

Nikki_R1980 · Oct 28, 2004

What is the name of your state? PA

Me & my husband are seperated & getting a divorce & I am wondering do we split everything 50/50 we have bought since we were married? I have a car & a bronco that are in my name & were bought before we were married. Are those mine or would I need to split them with him? Then we bought a van 1 week before we got married with our tax return & the van is in his name would that be his to keep or would he have to slpit that with me? Then we bought a car & another bronco while we were married they are in his name. We would have to split those 50/50? The reason I ask is cause I was going to get my car & bronco & try & sell them & he said that I couldn't do that & he wanted to take parts off of my bronco & put on his bronco. He said that he could do that cause they are on his property & I couldn't do anything about getting them if they weren't there, which they are there I just saw them there Tuesday.
Then what about the items I had before we were married, such as TV & stand, Microwave, Tabble & Chairs, Bed Room Outfit things like that I had before we even met. Those would be mine to take with me right?
Then my Grandma bought us a washer for X-mas we split that then right? My mom bought me a video camera (we were married) would that be mine or would we need to split that?Then he & our boys bought me a dryer, kitchen radio/cd player & another cd player for me as gifts for birthday x-mas & mothers day. Would those be mine to take since they were bought & given to me as gifts?
Sorry for being so long I'm just wondering if I have rights to these things that were mine before we got married & the items that were gifts to me while we were married if I split them with him? Thanks

VeronicaGia · Oct 28, 2004

If you are in the middle of a divorce, neither you nor he can sell anything without a court order.

A judge will decide all of this, no one here can tell you what a judge will decide.

Nikki_R1980 · Oct 29, 2004

We are just seperated, neither one of us have filed anything yet. I'm just wondering if the car & bronco that are in my name I got before we were married if I can go & get them & do what I want with them? He's telling me I can't come & get anything from the house! I just want to get "my" belongings for now.

LdiJ · Oct 30, 2004

Nikki_R1980 said:
We are just seperated, neither one of us have filed anything yet. I'm just wondering if the car & bronco that are in my name I got before we were married if I can go & get them & do what I want with them? He's telling me I can't come & get anything from the house! I just want to get "my" belongings for now.

Since the vehicles are in your name you certainly CAN go get them. You also can sell them but you better keep good track of how much you get for them, because you will have to report those funds in the process of the property settlement.

If your name is on the lease or deed for the home then you are entitled to free access to the home until a judge orders otherwise...so yes, you can go and get your personal belongings.

Nikki_R1980 · Oct 30, 2004

Thanks everyone for your replies. Neither one of us owns the house or renting nothing is in either one of our names. The house is in his brother & Aunts name. Would that mean I would have to get permision from one of them to got to the house & get my belongings?

LdiJ · Oct 30, 2004

Nikki_R1980 said:
Thanks everyone for your replies. Neither one of us owns the house or renting nothing is in either one of our names. The house is in his brother & Aunts name. Would that mean I would have to get permision from one of them to got to the house & get my belongings?

You REALLY need to consult a local attorney. You do have rights, including "tenancy" rights, but its going to be tougher than nails to enforce them without the help of a decent attorney.

bulldogg70 · Oct 31, 2004

Yikes

Nikki_R1980 said:
What is the name of your state? PA

Me & my husband are seperated & getting a divorce & I am wondering do we split everything 50/50 we have bought since we were married? I have a car & a bronco that are in my name & were bought before we were married. Are those mine or would I need to split them with him? Then we bought a van 1 week before we got married with our tax return & the van is in his name would that be his to keep or would he have to slpit that with me? Then we bought a car & another bronco while we were married they are in his name. We would have to split those 50/50? The reason I ask is cause I was going to get my car & bronco & try & sell them & he said that I couldn't do that & he wanted to take parts off of my bronco & put on his bronco. He said that he could do that cause they are on his property & I couldn't do anything about getting them if they weren't there, which they are there I just saw them there Tuesday.
Then what about the items I had before we were married, such as TV & stand, Microwave, Tabble & Chairs, Bed Room Outfit things like that I had before we even met. Those would be mine to take with me right?
Then my Grandma bought us a washer for X-mas we split that then right? My mom bought me a video camera (we were married) would that be mine or would we need to split that?Then he & our boys bought me a dryer, kitchen radio/cd player & another cd player for me as gifts for birthday x-mas & mothers day. Would those be mine to take since they were bought & given to me as gifts?
Sorry for being so long I'm just wondering if I have rights to these things that were mine before we got married & the items that were gifts to me while we were married if I split them with him? Thanks

I am reading your situation and I am asking, "why are you fighting over b.s. stuff???" Look, if you have a working car and he has one, stop fighting over the trailer trash stuff... how are the children doing, is the house being prepared to sell? How are you living, is everything ok... look, if the vehicles are pieces of none-working class why fight, let it go.

You will need to find out if your state is a community property state or not if you want to fight over this stuff... I would hope you will reevaluate the situation and decide not to and move on with your life.

Nikki_R1980 · Oct 31, 2004

Thats just it, I don't have a car that runs for me to drive! My mom or my friends are letting me use their car to go & look for work & to get to Dr. appointments & what not. He has 2 or 3 things to drive & I don't even have 1! That's why I'm trying to at least get my car or bronco so I can get get them fixed & run or sell them till I can save money to get something good to drive. Kids are fine they always come first. The house he is planning on buying it. I'm going to call a lawyer Monday to see what all needs to take place. Thanks!

bulldogg70 · Oct 31, 2004

Nikki_R1980 said:
Thats just it, I don't have a car that runs for me to drive! My mom or my friends are letting me use their car to go & look for work & to get to Dr. appointments & what not. He has 2 or 3 things to drive & I don't even have 1! That's why I'm trying to at least get my car or bronco so I can get get them fixed & run or sell them till I can save money to get something good to drive. Kids are fine they always come first. The house he is planning on buying it. I'm going to call a lawyer Monday to see what all needs to take place. Thanks!

Ok, I did not know you did not have a vehicle which is not working. Does he have a lawyer? Even if you are common or cummunity law state there will be things which you will have to split up. Reasonable speaking if you all have temp orders coming soon I would suggest asking a Judge to let you have a working vehicle if you two cannot work it out.

I would not see why a Judge would not let you both have a working vehicle if there are two available. Do you go for temp order soon? In regards to the house, when you say he plans on buying it, what does that mean. Are you two renting? and he plans purchasing the house or does he plan on buying your interest out of it. With this said, make sure you do not under any circumstances sign the title over until you are completely clear of the mortgage. Believe me many people make this simple but extremely costly error.

I wish you two the best of luck and hope things do not get uglier.

Nikki_R1980 · Nov 1, 2004

What is a temp order? About the house we aren't paying rent its the family farm house they just said we could live there & his Aunt & brother each own half of it & he is planning on buying his Aunts half off of her. And what do you mean by buying my intrest out of it? All I know is that his brother is co signing for him for a loan for the house. I'm gonna try & get ahold of a lwayer today & see if I can find someone to help me with this mess. Thanks. Oh yeah he does have a lawyer but he doesn't what to pay him $500.00 to do it. I found a lady that would do it for $250.00 but I think it was just if we could agree on everything, I'm gonna check with her & see what she has to say.

bulldogg70 · Nov 1, 2004

Nikki_R1980 said:
What is a temp order? About the house we aren't paying rent its the family farm house they just said we could live there & his Aunt & brother each own half of it & he is planning on buying his Aunts half off of her. And what do you mean by buying my intrest out of it? All I know is that his brother is co signing for him for a loan for the house. I'm gonna try & get ahold of a lwayer today & see if I can find someone to help me with this mess. Thanks. Oh yeah he does have a lawyer but he doesn't what to pay him $500.00 to do it. I found a lady that would do it for $250.00 but I think it was just if we could agree on everything, I'm gonna check with her & see what she has to say.

Temp = Temporary, and they are usually order put inplace in the interim while the case proceeds to completion. They are usually need to establish some kind of support until a final decision can be made.

I do not know if attorneys are allowed to offer unbunded services in your state but I be dammed if you even remotely think you can retail a lawyer for 250.00 dollars to 500.00 dollars. The average cost to retail a lawyer is 2500.00 dollars and remember that is just to retain.

Inregards to the house I thought you had a vested interest in it, and you did not so I think that should be resolved.

cyana24 · Nov 1, 2004

bulldogg70 said:
You will need to find out if your state is a community property state or not if you want to fight over this stuff... I would hope you will reevaluate the situation and decide not to and move on with your life.

PA is NOT a Community Property state.

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