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can they take my car?

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needmycar

Junior Member
What is the name of your state? Michigan

My question is: I am recently separated from my husband and the non-contested divorce will be final in two months. We jointly own a 2002 Toyota RAV 4, both of our names are on the title. Two years ago my husband's brothers paid the remaining balance on the loan for the RAV 4, about 18,000 dollars. They made the check out to Toyota Financial.
At the time it was considered a gift, there was nothing in writing between any of us.
Now,I am living on my own with my 19 year old daughter and we share the car to get us back and forth from school and work for the both of us.
Now, my husband's brothers are suing me for the car saying that they own it because they paid for most of it. They said they are going to take the car away from me.
Can they do that???? I really appreciate any and all advice, I am freaking out about this!!!!! I have a divorce attorney, but I can't afford to pay him any more than I already am...help!!!! :eek:What is the name of your state?
 


ggauf

Junior Member
needmycar said:
What is the name of your state? Michigan

My question is: I am recently separated from my husband and the non-contested divorce will be final in two months. We jointly own a 2002 Toyota RAV 4, both of our names are on the title. Two years ago my husband's brothers paid the remaining balance on the loan for the RAV 4, about 18,000 dollars. They made the check out to Toyota Financial.
At the time it was considered a gift, there was nothing in writing between any of us.
Now,I am living on my own with my 19 year old daughter and we share the car to get us back and forth from school and work for the both of us.
Now, my husband's brothers are suing me for the car saying that they own it because they paid for most of it. They said they are going to take the car away from me.
Can they do that???? I really appreciate any and all advice, I am freaking out about this!!!!! I have a divorce attorney, but I can't afford to pay him any more than I already am...help!!!! :eek:What is the name of your state?

essecentially the answer is no they cannot. the vehicle is joint property between you and your husband, both of you are on the title. The only way the brothers can get ownership is to have the title transferred to them and for that both you and your husband have to sign on that. The vehicle should be covered under the divorce decree (and if it's not have your lawyer make sure to make a provision for it) on to whom ownership and responsibility will lay, that being said if it is granted to you then it's your property, if it's granted to your husband then it's his and he can do with it as he pleases......
Now this does not mean his brothers cannot file a suit against you and try to recoup their money.....
 

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