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Equitable Distribution, Vehicle Ownership & Abandonment

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Saffron831

Junior Member
What is the name of your state (only U.S. law)? New York

I am writing this to help out my mother. Her Husband, my Step Father, recently left the house and has for the most part indicated that he would like a divorce. She is sick and has been diagnosed with liver problems that have basically left her bedridden. She is now 2,000 miles away from any family due to the fact that she (we) both moved out here for his career, which was financed by his employer. I understand that a true abandonment claim is usually 1 year + but is there anything else she can do to protect herself and get back to our family without simply buying a plane ticket and leaving all her (our) possessions at his mercy? Since then, he has begun a torrent of lies and accusations about her which are starkly contradicted by E-Mails and letters she has received just weeks before. Does the employer have any obligation to help her get back? Since New York is an equitable distribution state, how would that play out?

On a separate note, about a year and a half ago she signed the title of her car over to him. This car is from a previous marriage which she won and had full ownership of before the marriage. Since he had no car at the start of the marriage and needed a way to get to work, that's why she signed the title. Is the car now his, marital property or does she still have a claim to it since it was hers before the marriage? The car and keys are both currently in her possession. Due to her disease however she hasn't been able to get a drivers license since her Oregon one expired, which has left her almost entirely at his mercy as far as moving and getting back to family goes.
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? New York

I am writing this to help out my mother. Her Husband, my Step Father, recently left the house and has for the most part indicated that he would like a divorce. She is sick and has been diagnosed with liver problems that have basically left her bedridden. She is now 2,000 miles away from any family due to the fact that she (we) both moved out here for his career, which was financed by his employer. I understand that a true abandonment claim is usually 1 year + but is there anything else she can do to protect herself and get back to our family without simply buying a plane ticket and leaving all her (our) possessions at his mercy? Since then, he has begun a torrent of lies and accusations about her which are starkly contradicted by E-Mails and letters she has received just weeks before. Does the employer have any obligation to help her get back? Since New York is an equitable distribution state, how would that play out?

On a separate note, about a year and a half ago she signed the title of her car over to him. This car is from a previous marriage which she won and had full ownership of before the marriage. Since he had no car at the start of the marriage and needed a way to get to work, that's why she signed the title. Is the car now his, marital property or does she still have a claim to it since it was hers before the marriage? The car and keys are both currently in her possession. Due to her disease however she hasn't been able to get a drivers license since her Oregon one expired, which has left her almost entirely at his mercy as far as moving and getting back to family goes.
Regarding the bolded: No way.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? New York

I am writing this to help out my mother. Her Husband, my Step Father, recently left the house and has for the most part indicated that he would like a divorce. She is sick and has been diagnosed with liver problems that have basically left her bedridden. She is now 2,000 miles away from any family due to the fact that she (we) both moved out here for his career, which was financed by his employer. I understand that a true abandonment claim is usually 1 year + but is there anything else she can do to protect herself and get back to our family without simply buying a plane ticket and leaving all her (our) possessions at his mercy?
Sure. She files for divorce and moves back. She can take her personal things without any problem. For marital property, she can leave it (and take lots of pictures) or reach an agreement with stbx on how they're going to split things.

Since then, he has begun a torrent of lies and accusations about her which are starkly contradicted by E-Mails and letters she has received just weeks before. Does the employer have any obligation to help her get back?
His employer doesn't have any obligation to her.

Since New York is an equitable distribution state, how would that play out?
Property Division

On a separate note, about a year and a half ago she signed the title of her car over to him. This car is from a previous marriage which she won and had full ownership of before the marriage. Since he had no car at the start of the marriage and needed a way to get to work, that's why she signed the title. Is the car now his, marital property or does she still have a claim to it since it was hers before the marriage? The car and keys are both currently in her possession. Due to her disease however she hasn't been able to get a drivers license since her Oregon one expired, which has left her almost entirely at his mercy as far as moving and getting back to family goes.
The car is marital property. She would be entitled to 1/2 of its current equity.
 

OHRoadwarrior

Senior Member
I suggest you, a spouse or a sibling, that is not working, make the trip and get moms affairs settled. Then relocate her back.
 

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