Personal property owned prior to marriage

[Jailbait54]

Colorado. I purchased a vehicle approximately 4 years ago prior to my marriage 2 1/2 years ago. The vehicle is titled in my name and my daughters name with JTRS to my daughter.
I want to sell this vehicle. Can my wife prevent me from legally selling this car?

 

[Ohiogal]

Colorado. I purchased a vehicle approximately 4 years ago prior to my marriage 2 1/2 years ago. The vehicle is titled in my name and my daughters name with JTRS to my daughter.
I want to sell this vehicle. Can my wife prevent me from legally selling this car?

Was it paid off before the marriage? How was the vehicle paid for? Are you currently in a divorce?

 

[LdiJ]

Was it paid off before the marriage? How was the vehicle paid for? Are you currently in a divorce?

And...who habitually drives the car, pays for the maintenance etc.?

 

[Jailbait54]

Personal property

The car was paid for in full prior to the marriage. My spouse has had access to the car as well as my truck to drive during the past 2 1/2 years. I pay all maintenance, insurance, registration on the car.
We are separated but not legally, there has been no divorce action taken.

 

[LdiJ]

The car was paid for in full prior to the marriage. My spouse has had access to the car as well as my truck to drive during the past 2 1/2 years. I pay all maintenance, insurance, registration on the car.
We are separated but not legally, there has been no divorce action taken.

Ok...you are not answering the question I asked honestly, or at least not fully.

If the car is your wife's primary source of transportation, and you sell it out from under her before the judge makes orders regarding property, you could find yourself having to give up your truck to your wife. Step back and be patient.

 

[Jailbait54]

Priamary form of transportation

Yes, this vehicle is her primary form of transportation.
I will give her another vehicle as a replacement for this one and register it in her name only.
Now, what say you!
Thank You!!

 

[ecmst12]

She's going to have to agree to have the vehicle and registration in her name.

 

[Jailbait54]

Primary form of transportation

I think you missed the question.
Today she does not have a vehicle in her name. The vehicle that she uses for her primary transportation was purchased and paid in full prior to the marriage. It is titled and registered in my name and my daughters name with JTWR.
Is it legal for me to sell this vehicle, provide her with suitable, reliable alternate transportation without penalty?
We are separated but it is not a legal separation and there has been no divorce proceeding filed.
Thank you!

 

[ecmst12]

I think you missed the answer. If the idea is to have her driving a vehicle which is not in your name, you can't title or register a vehicle in her name without her consent/participation. Nothing legally stops you from selling the car, but when you get to divorce court, it could look bad for you, if you don't have her agreement/participation in the vehicle exchanging process.

 

[Jailbait54]

Vehicle exchange

I get the answer, thank you. I don't see how it could possibly make me look bad if she were getting a two year newer car with lower miles than the one she drives but doesn't own today.
I think the risk of looking bad for taking proceeds from the sale of the current vehicle, providing her with a newer vehicle and paying down debt would be considered an honorable thing to do.
Thank you for your opinion! Chao...

 

[Zigner]

I don't think it would look bad even.
Once paperwork from the divorce is filed, then both parties are restrained from selling "stuff". But at this point, it's just a husband and a wife...

 

[dadda11o]

Curious about "selling stuff". I'm selling books that help keep me and the kids afloat for now. Not as "business"; I had actually put my college texts and such for sale to help pay his medical bills prior to divorce. I have all receipts. He's filed multiple requests for "what he wants" (possession-wise). He knows about books/sales; told me he "reported" me for it. But no requests for any proceeds or for my books ... just keep receipts and what the money used for?

What is the best (legal) suggestion if finances force you to sell something post-filing prior to decree, when you've TRIED to work with other party?

Jailbait54: I think it's decent that you're not just taking it, because I'm sure it can be done (wish my husband'd been that considerate).

I'm curious: is the newer car less money than what you can sell this one for? Or another reason you don't want to just transfer title, etc. in some agreement with her?

 

[Jailbait54]

Curious

dadda11o, The current vehicle books for approxiamately the same as the replacement vehicle. The owner of the replacement vehicle inherited the car and has zero invested in it. It needs some brake work but other than that it is comparable to the existing car, 98 Lexus SC 400 w/105K miles to a 2000 Solero w/50K miles. Trading cars would result in positive cash that would pay off ~4K in credit card debt.
Paying off the credit card debt would give the household a $300 per month positive cash flow. Money is not all of our issue but it is one of them. My wife is a stay at home mother, that is what we agreed to before we married 2 1/2 years ago. This gives my wife the opportunity to be at home before and after school and volunteer at school once a week for her 8 yr. old son (wonderful boy!).
Selling the car outright is doable, the issue with that is finding a suitable replacement quickly. Low mileage, one owner cars are not that easy to find quickly. This deal is a win/win from my perspective. The replacement car will get better gas mileage (V6 vs V8), have lower maintenance costs and still provide a very nice form of safe, reliable (not to mention good looking/sporty) transportation. No it is not a Lexus SC but it is definietly more practical.
Thank you for your comments, good luck with your situation.

 

[ecmst12]

The main question is, will your wife agree to your plan.

 

[Jailbait54]

Personal property

Of course she won't agree to the plan.
Nothing I have suggested thus far to help pay off debt and improve cash flow has been supported.
Unfortunately, she has no concept of budgeting, saving for things instead of just charging them. If I had relinquished the finances to her control, we would be 30K deep in CC debt.
Fortunately, we only have ~6K in CC debt today and I am not willing to go in deeper.
Improving the monthly cash flow and starting to save for big ticket items (newer furniture, etc.) is the prudent thing to do.
Selling or trading the car with a cash benefit makes the most sense. It's an asset I owned before the marriage and I am willing to take proceeds from the sale to pay off debt.
This is a no brainer from my perspective.