youngidealist
Junior Member
What is the name of your state (only U.S. law)?
California
My wife randomly wanted a divorce in the middle of December, over what seems to be financial reasons and a sudden onset of severe anxiety. The only problem with our marriage is that it had the same basic frustrations that any other had. There was no violence or verbal abuse, just a few disagreements over major decisions, which I always did my best to compromise on. I went out of my way for her, drove her everywhere because she had a fear of driving, and I wanted to see a marriage councilor to try and work it out but she wouldn't have it.
Now I've accepted the divorce, but I feel manipulated and she wants to just take the car and leave me nothing for it. We are both college students. She needs the car to get to her school, I need the car in case I get a much needed job opportunity that requires it. She's living with her parents right now rent free while I'm considering moving into a living room with some of my close friends as roommates. I don't have the luxury of having financially supportive parents. If she takes a semester off of school to work and attain transportation she can do that and have it not effect her wellbeing by much at all. If I let go of school or a good work opportunity I risk losing everything and potentially becoming homeless.
The car is the only thing that either of us wants from the divorce. It's bluebook value is about $5200. I can show my bank statements of me paying about $5000 of the $8500 it cost us for purchase and about $1000 on repairs only 2 months before we got married. She claims that the arrangement at the time was that she would put money towards rent and that I would put in the major portion of the cost of the car. That was the strategy, but not an agreed upon exchange. I kept records of how much both of us contributed throughout the marriage on a budget where we put our living costs of $1500 each per month into the joint account to live on from the day we moved into the apartment. I lost those notes but the marriage only lasted 6 months and it would be possible to recreate them if necessary. I was able to show that we both paid equally for all rent and living costs up to the month of December, to include the rent she paid during the time we purchased the car.
A friend of hers had loaned us $3500 to help with the purchase of the car and during the month of November I paid him back $1300 without requiring her to match the payment. Also, that and the money I originally used to purchase and repair the car was student loan money which I still have to pay back someday.
Also, when we purchased the car, the dealer said that it would be more paperwork if we put the car in both names right there and she insisted that her name go on it. I trusted her at the time to be fair whatever happened, and I just never got around to putting my name on the title.
I've offered her compromise after compromise in the divorce, suggesting that she take the car but pay me $5100-$3500 over an amount of time that she would find reasonable, but she wouldn't have it. Even if the judge insisted that I get the car, I wouldn't feel right taking it without at least offering $2000 to her because to both of us it's a huge asset that's worth far more than the bluebook value of it.
She also insists that I'm keeping the majority of our other property, but the most valuable items are things which she left and I don't care for. It's more of a burden to me because I don't know if I'll be able to keep it all when I move out. She only left it all because there's no room to store anything at her parents house.
She said she talked to an attorney and that her attorney said that the judge would just decide and still screw over whoever doesn't get the car because the bluebook value is so low and we still owe $2200 to her friend on it. Her friend and I have no problems with each other and I would gladly pay him back if I got the car, but she insists that the fact that he is her friend originally is a significant argument to let her have the car.
Finally, it's probably not significant in a legal sense, but she even had me sell my bicycle while we moved in together because she didn't want it crowding the precious patio that she wanted to relax on. I had originally bought it brand new with accessories for $350, but sold it along with the accessories for $50 because she insisted and because we had a car. Now I have no transportation alternative but the bus system.
My question is, what would the judge likely decide?
California
My wife randomly wanted a divorce in the middle of December, over what seems to be financial reasons and a sudden onset of severe anxiety. The only problem with our marriage is that it had the same basic frustrations that any other had. There was no violence or verbal abuse, just a few disagreements over major decisions, which I always did my best to compromise on. I went out of my way for her, drove her everywhere because she had a fear of driving, and I wanted to see a marriage councilor to try and work it out but she wouldn't have it.
Now I've accepted the divorce, but I feel manipulated and she wants to just take the car and leave me nothing for it. We are both college students. She needs the car to get to her school, I need the car in case I get a much needed job opportunity that requires it. She's living with her parents right now rent free while I'm considering moving into a living room with some of my close friends as roommates. I don't have the luxury of having financially supportive parents. If she takes a semester off of school to work and attain transportation she can do that and have it not effect her wellbeing by much at all. If I let go of school or a good work opportunity I risk losing everything and potentially becoming homeless.
The car is the only thing that either of us wants from the divorce. It's bluebook value is about $5200. I can show my bank statements of me paying about $5000 of the $8500 it cost us for purchase and about $1000 on repairs only 2 months before we got married. She claims that the arrangement at the time was that she would put money towards rent and that I would put in the major portion of the cost of the car. That was the strategy, but not an agreed upon exchange. I kept records of how much both of us contributed throughout the marriage on a budget where we put our living costs of $1500 each per month into the joint account to live on from the day we moved into the apartment. I lost those notes but the marriage only lasted 6 months and it would be possible to recreate them if necessary. I was able to show that we both paid equally for all rent and living costs up to the month of December, to include the rent she paid during the time we purchased the car.
A friend of hers had loaned us $3500 to help with the purchase of the car and during the month of November I paid him back $1300 without requiring her to match the payment. Also, that and the money I originally used to purchase and repair the car was student loan money which I still have to pay back someday.
Also, when we purchased the car, the dealer said that it would be more paperwork if we put the car in both names right there and she insisted that her name go on it. I trusted her at the time to be fair whatever happened, and I just never got around to putting my name on the title.
I've offered her compromise after compromise in the divorce, suggesting that she take the car but pay me $5100-$3500 over an amount of time that she would find reasonable, but she wouldn't have it. Even if the judge insisted that I get the car, I wouldn't feel right taking it without at least offering $2000 to her because to both of us it's a huge asset that's worth far more than the bluebook value of it.
She also insists that I'm keeping the majority of our other property, but the most valuable items are things which she left and I don't care for. It's more of a burden to me because I don't know if I'll be able to keep it all when I move out. She only left it all because there's no room to store anything at her parents house.
She said she talked to an attorney and that her attorney said that the judge would just decide and still screw over whoever doesn't get the car because the bluebook value is so low and we still owe $2200 to her friend on it. Her friend and I have no problems with each other and I would gladly pay him back if I got the car, but she insists that the fact that he is her friend originally is a significant argument to let her have the car.
Finally, it's probably not significant in a legal sense, but she even had me sell my bicycle while we moved in together because she didn't want it crowding the precious patio that she wanted to relax on. I had originally bought it brand new with accessories for $350, but sold it along with the accessories for $50 because she insisted and because we had a car. Now I have no transportation alternative but the bus system.
My question is, what would the judge likely decide?
