Gift of a car

[justalayman]

Actually I am not. I am playing devil's advocate on issues that are clearly not as black and white as being presented on this thread.

You are bringing situations into the discussion that the op has not even suggested may be present.

You should also re-read the posts. Op clearly stated ex and his ex verbally agreed that he would keep the car (so at best it was a stipulation and I already suggested he enforce the divorce order of it gives him the car) Also realize op's clearly demanded op relinquish the car. That plus his and the first Mrs. Ex's name on the title means op either gives it up or could face serious legal repercussions. If op believes she has a claim to it, she needs to deal with it in court. If she goes the self help route she could end up facing criminal charges.

Nobody understands playing devil's advocate better than I do but if op listens to your arguments and puts any weight in them, she may be headed for serious trouble.

Also you ignore the dynamics in place here. Op just divorced the guy. Do you really think he is going to do any favors for op? Most divorces are not friendly divorces. Op even admits to being a bit "raw". And speaking of op's divorce; this car was apparently not addressed in the divorce lest op would simply seek to have the order enforced.

Personally I suspect op wants to keep the car out of spite as much as anything. Spite carries no weight in the courts.

You might also want to consider this vehicle is worth a whopping $2000. Do you really suggest op put all that effort into a car worth all of $2000?


So, here's what op does;

Go out and hire a lawyer and fight this in court. I would guess she'll spend at least as much as the car is worth and as it stands, unlikely to prevail in her endeavor.


(that is not a serious suggestion)

 

[LdiJ]

You are bringing situations into the discussion that the op has not even suggested may be present.

You should also re-read the posts. Op clearly stated ex and his ex verbally agreed that he would keep the car (so at best it was a stipulation and I already suggested he enforce the divorce order of it gives him the car) Also realize op's clearly demanded op relinquish the car. That plus his and the first Mrs. Ex's name on the title means op either gives it up or could face serious legal repercussions. If op believes she has a claim to it, she needs to deal with it in court. If she goes the self help route she could end up facing criminal charges.

Nobody understands playing devil's advocate better than I do but if op listens to your arguments and puts any weight in them, she may be headed for serious trouble.

Also you ignore the dynamics in place here. Op just divorced the guy. Do you really think he is going to do any favors for op? Most divorces are not friendly divorces. Op even admits to being a bit "raw". And speaking of op's divorce; this car was apparently not addressed in the divorce lest op would simply seek to have the order enforced.

Personally I suspect op wants to keep the car out of spite as much as anything. Spite carries no weight in the courts.

You might also want to consider this vehicle is worth a whopping $2000. Do you really suggest op put all that effort into a car worth all of $2000?


So, here's what op does;

Go out and hire a lawyer and fight this in court. I would guess she'll spend at least as much as the car is worth and as it stands, unlikely to prevail in her endeavor.


(that is not a serious suggestion)

Actually, I was hinting around that she insist on the use of the other car (the one her husband is driving) at least on a temporary basis until the divorce and property settlement are finalized. Her divorce and property settlement are not final yet. I am not insisting that she has the right to that car, I am insisting that she has the right to the use of A car, at least until the property settlement issues are settled so that she can obtain transportation in some manner or another, officially.

I certainly wasn't suggesting that she bring forth some legal action outside of her divorce case. That really would be absurd.

 

[Ohiogal]

Actually, I was hinting around that she insist on the use of the other car (the one her husband is driving) at least on a temporary basis until the divorce and property settlement are finalized. Her divorce and property settlement are not final yet. I am not insisting that she has the right to that car, I am insisting that she has the right to the use of A car, at least until the property settlement issues are settled so that she can obtain transportation in some manner or another, officially.

I certainly wasn't suggesting that she bring forth some legal action outside of her divorce case. That really would be absurd.

Can she afford the marital car? Can she afford to make the payments on the marital car if there are any? If not then she is not entitled to that car either. She is entitled to go out and get herself a car that she can afford however.

 

[LdiJ]

Can she afford the marital car? Can she afford to make the payments on the marital car if there are any? If not then she is not entitled to that car either. She is entitled to go out and get herself a car that she can afford however.

Again, I am talking about the USE of a car until the divorce and property settlements are finalized.

Basically we have a guy that hasn't properly handled property from his first divorce that is now complicating his second divorce. I am suggesting that she assert herself just enough to make him get off his behind and get things settled with his first ex, once and for all, so that his second divorce can go more smoothly.

 

[Ohiogal]

Again, I am talking about the USE of a car until the divorce and property settlements are finalized.

Basically we have a guy that hasn't properly handled property from his first divorce that is now complicating his second divorce. I am suggesting that she assert herself just enough to make him get off his behind and get things settled with his first ex, once and for all, so that his second divorce can go more smoothly.

And she is NOT going to be awarded USE of a car if she cannot afford said car -- not even during the dependency of the divorce. And how do you know he has not properly handled things from his first divorce? We don't know what the decree from his first divorce states.