How To Sell My Car

[Eric809]

What is the name of your state (only U.S. law)? Michigan

I am wondering if I can sell a car that was purchased in my name even though my ex-wife is currently driving it.

The title is in my name, but the license and tags are registered in her name.

If I chose to, could I sell this car?What is the name of your state (only U.S. law)?

 

[LillianX]

Are you divorced? Who was the car granted to in the divorce?

 

[Eric809]

We are not legally divorced yet. We are in the middle of the process. She and her lawyer have filed for child support with the state and what they are asking for is not in line with my current income.

However, if I sell the vehicle, I will be able to pay the arrearage as well as continue to work and see my daughters every morning when I take them to school.

 

[CSO286]

Right now, I'm pretty sure it would be considered a marital asset and you would not be able to sell it without splitting the proceeds with her.

Did you buy it during the marriage?

 

[LillianX]

Right now, I'm pretty sure it would be considered a marital asset and you would not be able to sell it without splitting the proceeds with her.

Did you buy it during the marriage?

That's what I'm thinking, too. Even if it was purchased before the marriage, she's using it, and it very well may have BECOME a marital asset.

 

[CSO286]

That's what I'm thinking, too. Even if it was purchased before the marriage, she's using it, and it very well may have BECOME a marital asset.

'xactly.

 

[LdiJ]

That's what I'm thinking, too. Even if it was purchased before the marriage, she's using it, and it very well may have BECOME a marital asset.

Particularly since its registered and tagged in HER name.

I should also add that if its her only means of transportation, and you snatch it and sell it, things could go very badly for you in the divorce. The judge will NOT be pleased.

 

[Eric809]

Thanks for your responses. I'll look into it further. But I must say, there has to be some recourse for a good father whose dealing with a bitter woman.

So, if "snatching" the car is that recourse, then so be it. She can purchase a new one with the chid support funds through the state. Since that was her decision to begin with.

Thanks again. This was helpful.

 

[LillianX]

You're misunderstanding, OP. If you take this car from her, and she loses her job because of a lack of transportation, you likely find yourself paying MORE child support. If you are the reason she loses her job, the judge might not be inclined to impute an income for her. Furthermore, you could find yourself responsible for all transportation costs associated with visitation. Last, but not least, expect to owe her for half the sale price of the car.

 

[LdiJ]

Thanks for your responses. I'll look into it further. But I must say, there has to be some recourse for a good father whose dealing with a bitter woman.

So, if "snatching" the car is that recourse, then so be it. She can purchase a new one with the chid support funds through the state. Since that was her decision to begin with.

Thanks again. This was helpful.

Please do not cut off your nose to spite your face...because that is the direction that you are headed.

If you snatch the car she is driving and sell it, its highly possible that the judge will order you to turn over the car that YOU are driving to her. There are some things that you are simply not going to get away with doing in a divorce, and taking away someone's transportation is one of those things.

You paying child support has nothing to do with you being a good father and has nothing to do with her being a bitter woman. All parents have to pay child support to the parent with primary custody of the children.

You are the one who is coming across as bitter, and do not do that to yourself.

 

[CSO286]

Thanks for your responses. I'll look into it further. But I must say, there has to be some recourse for a good father whose dealing with a bitter woman.

So, if "snatching" the car is that recourse, then so be it. She can purchase a new one with the chid support funds through the state. Since that was her decision to begin with.

Thanks again. This was helpful.

You do realize that the "child support funds" don't come from the state, don't you?

You will be paying the child support.

 

[mistoffolees]

Thanks for your responses. I'll look into it further. But I must say, there has to be some recourse for a good father whose dealing with a bitter woman.

There is. You file for divorce and ask for equitable division of the marital assets.

What you're doing will not get you any more than you would get if you do it the right way - but there's a down side (see below). If you sell it now, you will have to give her half the proceeds. If you sell it after the divorce, you will have to give her half the proceeds. If she keeps it, she will have to reimburse you for half of the equity. No difference - except that doing it the right way will save your butt.

So, if "snatching" the car is that recourse, then so be it. She can purchase a new one with the chid support funds through the state. Since that was her decision to begin with.

Thanks again. This was helpful.

First, the state will not provide child support funds - you will. Even if she goes on welfare, the state will be looking to recover the money from you.

Second, child support is there to provide for the needs of the child. While Mom can legally use child support for anything she wishes as long as the child is fed and clothed, it is extremely rare that child support provides enough to support a child - and then has enough left over to buy a car.

Third, you may be committing contempt - and face jail time or other penalties if you try this. Most of the time, when someone files for divorce, there are default orders in place that forbid you from disposing of any marital assets. If you sell the car without court permission, you may be facing a very angry judge.

Fourth, as you were told, if taking away your stbx's transportation means that she loses a job or is unable to search for one, it will backfire. Your child support will be higher. You may end up paying some (or more) alimony. And you may face other penalties.

Finally, MI is an equitable division state - which means that the judge divides the property in a manner designed to be as fair as possible. You may find that if you pull a stunt like this that the judge would give your stbx the FULL value of the car and not just half.

Don't do it. There's no benefit and a huge potential down side.

 

[ecmst12]

I think he means that she filed a case with CSE.

 

[Free_Advice]

You can sell the car, she has to sign the title ...

 

[mistoffolees]

You can sell the car, she has to sign the title ...

Her name is not on the title, so she doesn't have to sign it.