Question about separate property

[my4jewels]

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

My daughter is going through a divorce at the present time. Papers have been filed, no date yet. They did not pursue a legal separation.

She was in a car accident a couple of days ago, and her car is totaled. we are buying her a brand new car. As I understand, if the car is a gift, she will be allowed to keep it, and her husband will not have any rights to it. Can we just buy the car for her in her name, or must we own the title first, and then gift it to her on a new title. Is proof required that it was indeed a gift from us? If so, what kind of proof? We need to do this quickly because she has no car and no money.

 

[Ohiogal]

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

My daughter is going through a divorce at the present time. Papers have been filed, no date yet. They did not pursue a legal separation.

She was in a car accident a couple of days ago, and her car is totaled. we are buying her a brand new car. As I understand, if the car is a gift, she will be allowed to keep it, and her husband will not have any rights to it. Can we just buy the car for her in her name, or must we own the title first, and then gift it to her on a new title. Is proof required that it was indeed a gift from us? If so, what kind of proof? We need to do this quickly because she has no car and no money.

Was the car that was totaled marital property? Is your daughter putting any money into the car? Is there going to be a loan on the car? Was there insurance on the car that was totaled?

 

[my4jewels]

Was the car that was totaled marital property? Is your daughter putting any money into the car? Is there going to be a loan on the car? Was there insurance on the car that was totaled?

Thank you for your prompt attention. The car that was totaled had both of their names on the title. Her husband said that he always considered it to be her car. She got $200 for it from the junkyard, and he said she could keep the money. My daughter will not be putting any money into the car. We are also paying for her registration and excise taxes. There will be no loan, the new car will be paid for in cash. The wrecked car had liability only. Her car was the only one involved in the accident; she hit ice and went off the road into a tree. There were no injuries.

 

[Ohiogal]

Thank you for your prompt attention. The car that was totaled had both of their names on the title. Her husband said that he always considered it to be her car. She got $200 for it from the junkyard, and he said she could keep the money. My daughter will not be putting any money into the car. We are also paying for her registration and excise taxes. There will be no loan, the new car will be paid for in cash. The wrecked car had liability only. Her car was the only one involved in the accident; she hit ice and went off the road into a tree. There were no injuries.

Until there is a signed separation agreement stating what should be done with the car that was totalled and was marital property, she should not spend the $200 and should have documentation of all of the money. I would title the car in the name of the people buying the car with cash and then "gift it" to the wife as separate property. That way establishing a paper trail. Also keep a paper trail of where the money to purchase is coming from.

 

[latigo]

Thank you for your prompt attention. The car that was totaled had both of their names on the title. Her husband said that he always considered it to be her car. She got $200 for it from the junkyard, and he said she could keep the money. My daughter will not be putting any money into the car. We are also paying for her registration and excise taxes. There will be no loan, the new car will be paid for in cash. The wrecked car had liability only. Her car was the only one involved in the accident; she hit ice and went off the road into a tree. There were no injuries.

First, what disposition was made of the other vehicle is of no consequence.

Secondly, it is not necessary to go through the hassle of taking the title to the gifted vehicle in your name, wait for DMV to issue and mail the title and then you endorsing it over to her so she can in turn apply to DMV for a new title.

To me that would be as senseless as saying that in order for any gift to qualify as separately owned the recipient must prove that title to the gifted chattel was first vested in the donor. If you were to purchase an expensive piece of jewelry as a Christmas gift would you deem it necessary to obtain a bill of sale from the jeweler and then provide a second for her? A card usually suffices.

And here all that is necessary is that dealership/seller order the title to be issued in her sole name and her husband being unable to convincingly rebut her claim that it was the subject of a gift.

 

[Ohiogal]

First, what disposition was made of the other vehicle is of no consequence.

Secondly, it is not necessary to go through the hassle of taking the title to the gifted vehicle in your name, wait for DMV to issue and mail the title and then you endorsing it over to her so she can in turn apply to DMV for a new title.

To me that would be as senseless as saying that in order for any gift to qualify as separately owned the recipient must prove that title to the gifted chattel was first vested in the donor. If you were to purchase an expensive piece of jewelry as a Christmas gift would you deem it necessary to obtain a bill of sale from the jeweler and then provide a second for her? A card usually suffices.

And here all that is necessary is that dealership/seller order the title to be issued in her sole name and her husband being unable to convincingly rebut her claim that it was the subject of a gift.

Actually it is on daughter to PROVE it is a gift. Hence my suggestion of the paper trail.