Husband gave our Jaguar away

[wt817]

What is the name of your state? FL

I supported my husband in getting a Jaguar. I paid for over half of it with money from my account. He's been talking divorce for months now and today he told me he's signed the Jaguar over to his friend. He said he did this so I couldn't get my hands on it. I don't know if it's relevant. but he's here on a K1 Visa and is planning to get out of the country before we get to the nitty gritty in the divorce. He said this is so he won't have to pay me alimony.

But I want to know what my options are for him giving away the Jag. My name isn't on the title, but I have bank statements to prove the large amount of money I withdrew at the time he bought the car. Will I have to go after his friend whose name is now on the title, or take my husband to court to settle this up? Please tell me he can not do this.

 

[stealth2]

Have any divorce papers been filed? I'd suggest you talk to a lawyer ASAP.

 

[wt817]

No divorce papers filed. It doesn't seem like he has intent to file papers. Rather, I think he's just planning on leaving on the country. And btw, I've got him on tape admitting that I paid over half of the purchase price if it's relevant.

 

[bcr229]

No divorce papers filed. It doesn't seem like he has intent to file papers.

There's no reason that you can't find an attorney and do that yourself this week.

I would focus less on the car and more on securing any valuables that you don't want going missing.

 

[Death-b4-Taxes]

The sooner you get an attorney and file the better this will work out. You are way behind him and his plans if he was already able to take community property away. The way he handled this indicates he already has counsel or has done research into how to take everything he wants. I wouldn't trust a word he speaks from here on, thieves are often liars. Get the best lawyer you can before you find yourself clothed in kindness but unable to afford the shoes.

 

[adjusterjack]

I have bank statements to prove the large amount of money I withdrew at the time he bought the car.

Sorry, all that proves is that you withdrew a large sum of money. Doesn't prove what you did with it.

Will I have to go after his friend whose name is now on the title,

You have no case against the friend.

or take my husband to court to settle this up?

Yes, you take him to court. It's called DIVORCE court.

Please tell me he can not do this.

He CAN do it because he DID do it. You may be able to get a monetary or asset offset when you get divorced.

No divorce papers filed. It doesn't seem like he has intent to file papers.

Then you file. And get him served while he's still around. Once he is served it doesn't matter if he leaves the country during the divorce. You get it by default.

I've got him on tape admitting that I paid over half of the purchase price if it's relevant.

Florida requires the consent of all parties to record a conversation. Your tape is illegal and unusable unless you can show that he gave his consent to be recorded.

I agree with the other responses. Get yourself a lawyer and file for divorce. If you can't afford one, Florida courts have plenty of self-help information for DIYers.

https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information/Family-Law-Forms

 

[wt817]

Thank you all for your responses. I have to admit I'm flabbergasted that he can legally do this. But yes, an attorney this week is in order.

 

[wt817]

Adjuster Jack, I did talk to an attorney about him taping me. He said as long as it wasn't in the bedroom or bathroom it's legal for him to do that.

 

[wt817]

Never mind...I think I asked the attorney about videotaping, not audio.

 

[stealth2]

Adjuster Jack, I did talk to an attorney about him taping me. He said as long as it wasn't in the bedroom or bathroom it's legal for him to do that.

FL is a two-party consent state for audiotaping.

 

[cbg]

If his is the only name on the title, then he can do anything he wants with it. It doesn't matter who paid for it; it matters who is listed as the owner.

 

[t74]

If he has not received his green card at the time of the divorce, he will be illegally present and deportable. Have you filed for adjustment of status? Withdraw your affidavit of support if possible.

Do NOT be alone with him. Men can also avail themselves of the VAWA. (Check out VisaJourney forum for a discussion of this.)

You are subject to supporting him due to the affidavit of support if he has a green card; divorce does not waive that responsibility.

Alimony is unlikely to be ordered for a short marriage. His leaving the country is the bast thing that can happen to you. If he has a green card and is outside the country for over a year, it is generally deemed that he has abandoned his US residency.

His giving away the Jag is the least of your problems; think of it as the price of your poor judgment.

 

[wt817]

@t74 I have filed for AOS. He's currently on his two year green card. He's dealing with his 2 year review of that now. He got a letter from USCIS requesting more info on his domestic violence arrest. I will look into withdrawing my AOS. Thank you.

 

[not2cleverRed]

Thank you all for your responses. I have to admit I'm flabbergasted that he can legally do this. But yes, an attorney this week is in order.

While he can legally do as he pleases with a car titled in his name, giving it away might just qualify as "Wasteful Dissipation of Marital Assets".

If the car was acquired during the marriage, with marital funds, it is a marital asset. There is a record of that car being owned during the marriage - title, registration, insurance, so if accounted for correctly, his give away could count against him in dividing up what's left in the divorce.

However, you've been married what? 5 minutes? Do you have any reason to believe that he entered into this marriage fraudulently?

P.S. For a marriage of less than 2 years, in which you have sponsored him, it would normally be unlikely that alimony would be awarded. But if he works hard enough at openly being a jerk, things might not go his way.

 

[not2cleverRed]

@t74 I have filed for AOS. He's currently on his two year green card. He's dealing with his 2 year review of that now. He got a letter from USCIS requesting more info on his domestic violence arrest. I will look into withdrawing my AOS. Thank you.

Were you the victim in his domestic violence arrest?