Sale of property in divorce

[Shelby6718]

What is the name of your state (only U.S. law)? Ok
If a divorce ATRO has not been served can property be sold? Payments can't be made on a vehicle and if not sold, it will be foreclosed on. Vehicle titled in the individual name of owner who needs to sell it.
S

 

[LdiJ]

What is the name of your state (only U.S. law)? Ok
If a divorce ATRO has not been served can property be sold? Payments can't be made on a vehicle and if not sold, it will be foreclosed on. Vehicle titled in the individual name of owner who needs to sell it.
S

Does the vehicle have any real equity, or is it still upside down?

 

[latigo]

What is the name of your state (only U.S. law)? Ok
If a divorce ATRO has not been served can property be sold? Payments can't be made on a vehicle and if not sold, it will be foreclosed on. Vehicle titled in the individual name of owner who needs to sell it.
S

Does the restraining order make exception to property the payments upon which "can't be made"?!

If you intend to sell the vehicle and avoid being found in contempt of court, obtain court permission, providing details and be prepared to explain why payments have been kept up in the past, but suddenly have become over burdensome.

 

[LdiJ]

Another think occurred to me...

If this is the vehicle typically driven by, and paid for by your spouse, then you could get in a great deal of trouble if you snatch it and sell it off.

 

[Shelby6718]

Does the restraining order make exception to property the payments upon which "can't be made"?!

If you intend to sell the vehicle and avoid being found in contempt of court, obtain court permission, providing details and be prepared to explain why payments have been kept up in the past, but suddenly have become over burdensome.

There is no restraining order currently in place. A petition for divorce has been filed but nothing served. The vehicle in question is a semi truck, freight is slow and lots of taxes due.

 

[latigo]

There is no restraining order currently in place. (?) A petition for divorce has been filed but nothing served. The vehicle in question is a semi truck, freight is slow and lots of taxes due.

Not currently in place?

Sorry, but you are much mistaken. The temporary injunction has been in place since the filing of the petition for divorce! (Oklahoma Statutes Title 43 Section 110). And it does not require personal service to be effective. Your admitted awareness of that filing is sufficient notice. If you want to claim ignorance of it and explain to the court why the sudden urgency and that it isn't being sold to a strawman, that is your choice.

 

[chaserfaser]

What is the name of your state (only U.S. law)? Ok
If a divorce ATRO has not been served can property be sold? Payments can't be made on a vehicle and if not sold, it will be foreclosed on. Vehicle titled in the individual name of owner who needs to sell it.
S

The husband becomes subject to the ATROs the moment he is served with the Summons and Petition for Dissolution of Marriage. One ATRO restrains the wife from transferring (which would include selling), encumbering, hypthecating, concealing or in any way disposing of any property, real or personal, without an order of the court or written consent from the other party, except in the usual course of business or for the necessities of life or (you’ll really like this) to pay her divorce lawyer. The ATRO applies to separate property as well as community property. It goes on. And the wife will have to account for the use of the community property she sells or uses.

If the wife violates the ATRO, she can be made to account to the husband for what she did, meaning she’ll be charged with the value of what she sold. If she sells the husband’s separate property, she’ll be nailed for that too. In theory the wife could be held in contempt of court, but that’s unlikely to happen in real life. Unlikely is not the same thing as impossible, however.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ok
If a divorce ATRO has not been served can property be sold? Payments can't be made on a vehicle and if not sold, it will be foreclosed on. Vehicle titled in the individual name of owner who needs to sell it.
S

If the vehicle has any equity it will be important to document that equity for the purpose of the marital property settlement. Otherwise yes, it can be sold.