What is the name of your state (only U.S. law)? California
I am helping a friend with his divorce, it is not friendly and he is having numerous problems with his ex. The latest issue, and I believe she is trying to trick him somehow, is in regards to her vehicle. As far as the divorce proceedings the initial paperwork is filed and child custody issues have been started, but no division of property has taken place or even filed yet. She filed the initial divorce paperwork (illegally but we are having problems challenging that), but hopefully he will be filing the first property division forms tomorrow. So the matter at hand - Her vehicle: It was purchased during the marriage, the loan (<$9000)is in his name, but she took it with her and has been making the payments on it since the seperation. She was the primary driver of it before the seperation. She also currently has the majority of the assets other than his vehicle (loan >$17,000), a freezer and a TV, and is accepting no responsibilty for any of the debt other than payments on her vehicle. Today she gave him a letter telling him she is bringing it to him on Friday of turning it back over to the bank (which I'm sure she will refuse to pay the difference on the upside down loan) but it blue books at only 6,400 so he will be taking a major loss and has no use for it nor can afford to continue payments on it. She has recently acquired a laywer but gave him the letter personally, with no word from the laywer on it. Here is the letter:
She has claimed that she can not get insurance on it because his name is on the loan, but she has had it fine before, and the name on the loan should not matter. She has since purchased a new vehicle (not a cheap one), though she is at a minimum wage job.
Is she allowed to do this? Esp since she took the vehicle at the time of seperation, shouldn't that mean that she took responsibilty for it? We are hoping that she will already get in trouble for having all the assets and not taking responsibility for the debt. He does not want to get tricked into taking the vehicle and selling it and getting introuble for disolving a major asset before division of property, and obviously does not to be tricked into having to take the fall on the vehicle. Can she also get in trouble for the major purchase of the new vehicle as well? (my understanding is no major sales or purchases before judgement?)
His current plan is to call her laywer in the morning since she has made contact with him exparte. Also if she leaves the vehicle as she threatens to, she could be charged with both criminal trespass onto his property (the court has ordered her to stay off of his property) and/or abandoning a vehicle on a public road, and is prepared to photograph and report the event. Is this an appropriate plan? Any better suggestions? He cannot afford a laywer, and we are in a rural area where there is really not any low cost or free aid that he can utilize (at least not that we can find).
Thanks
I am helping a friend with his divorce, it is not friendly and he is having numerous problems with his ex. The latest issue, and I believe she is trying to trick him somehow, is in regards to her vehicle. As far as the divorce proceedings the initial paperwork is filed and child custody issues have been started, but no division of property has taken place or even filed yet. She filed the initial divorce paperwork (illegally but we are having problems challenging that), but hopefully he will be filing the first property division forms tomorrow. So the matter at hand - Her vehicle: It was purchased during the marriage, the loan (<$9000)is in his name, but she took it with her and has been making the payments on it since the seperation. She was the primary driver of it before the seperation. She also currently has the majority of the assets other than his vehicle (loan >$17,000), a freezer and a TV, and is accepting no responsibilty for any of the debt other than payments on her vehicle. Today she gave him a letter telling him she is bringing it to him on Friday of turning it back over to the bank (which I'm sure she will refuse to pay the difference on the upside down loan) but it blue books at only 6,400 so he will be taking a major loss and has no use for it nor can afford to continue payments on it. She has recently acquired a laywer but gave him the letter personally, with no word from the laywer on it. Here is the letter:
(she must have had someone help her write the letter, this is well above her standard literary skills)Dear Jarrett,
Since my last correspondence via certified mail was not addressed as requested, I remain unable to obtain insurance on the 2001 Jeep Grand Cherokee, I must return the Jeep to you. I have enclosed the keys in the envelope.
I would like to offer you the option of me taking the Jeep to Coast Central Credit Union where you would need to sign it over to them as we have previously discussed, you can pick it up at my Fortuna residence, or I can take the jeep to your residence. If I do not recieve correspondence from you (via phone or mail) by Friday, July 18th, I will take the Jeep to your residence and park it in front of the barn by Friday evening. Thank you in advance for your cooperation in this matter.
Thank You,
She has claimed that she can not get insurance on it because his name is on the loan, but she has had it fine before, and the name on the loan should not matter. She has since purchased a new vehicle (not a cheap one), though she is at a minimum wage job.
Is she allowed to do this? Esp since she took the vehicle at the time of seperation, shouldn't that mean that she took responsibilty for it? We are hoping that she will already get in trouble for having all the assets and not taking responsibility for the debt. He does not want to get tricked into taking the vehicle and selling it and getting introuble for disolving a major asset before division of property, and obviously does not to be tricked into having to take the fall on the vehicle. Can she also get in trouble for the major purchase of the new vehicle as well? (my understanding is no major sales or purchases before judgement?)
His current plan is to call her laywer in the morning since she has made contact with him exparte. Also if she leaves the vehicle as she threatens to, she could be charged with both criminal trespass onto his property (the court has ordered her to stay off of his property) and/or abandoning a vehicle on a public road, and is prepared to photograph and report the event. Is this an appropriate plan? Any better suggestions? He cannot afford a laywer, and we are in a rural area where there is really not any low cost or free aid that he can utilize (at least not that we can find).
Thanks