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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am filing for a divorce my wife has 3 vehicles. she came

Customer Question

I am filing for a divorce my wife has 3 vehicles. she came to my house with the police to get my pickup that she forged and put in her name. The police wouldnt let her come on my property to get it. I pushed it on the street like the police said. She came and got the truck. I am requesting she give me the truck back. She has put in her decleration that she gave my truck to the gentelman she had come get it. I am also asking for another car in her posession. she states there is a 1700.00 note on the car to her son inlaw. can she have all 4 vehicles and leave me with none? will the judge make me pay the 1700.00 note if i am granted the car?
Submitted: 4 years ago.
Category: Family Law
Expert:  LawTalk replied 4 years ago.
Good morning,

What state do you reside in?
Of the 4 vehicles, how many of they were acquired AFTER the two of you were married?

Doug
Customer: replied 4 years ago.

3 were aquired while we were married. the truck was given to me after I moved out and she got the other car with the note about 2 months before we seperated. She aquired the other vehicle while we were seperated

Expert:  LawTalk replied 4 years ago.

What state do you reside in?
Customer: replied 4 years ago.

sorry Im in washington state

 

Expert:  LawTalk replied 4 years ago.
Good morning,

The state of Washington follows community property laws, and you can expect that the court will determine that you own a 50% legal interest in all the vehicles which were acquired during the marriage---and the judge will likely award you one or two of the vehicles as well.

As to any debt on the vehicles, each of you will be obligated for half of the community debt---and this will include any debt on the vehicles.

If the truck was a GIFT to you...regardless of when it was given to you---then it is your separate property under the law and unless you voluntarily then gave it to your wife, it remains yours. The fact that she forged documents probably won;t matter if you can get the person who gave you the truck to state to the judge that it was a gift to you.

I wish you the best in 2010.

Best regards,

Doug

Customer: replied 4 years ago.
yes my brother gifted it to me for 150.00 I have voluntarly given the vehicle to her because she put it in her name thinking the judge would give it to me in the divorce.. I know she is lying about the note on the vehicle..It was given to her by the pastor at her church when we were still together so because it was a gift to her then I am not entitled to it? After she had the vehicle she took out a loan against it when I wasnt living with her
Expert:  LawTalk replied 4 years ago.
If you paid for it, it was NOT a gift under WA laws.

In that case, the truck would belong equally to both of you. You in all likelihood will get one or two of the vehicles. Debts of the marriage will be generally split between the two of you.

Any gift given to either party during marriage---and marriage is until there is a divorce---is still the personal property of the person getting the gift.

I wish you well.

Best regards,

Doug

Customer: replied 4 years ago.
if she did give it away like she said then should I ask for money in replace of the vehicle? I wont get the other vehicle because she is claiming it is a gift..
Expert:  LawTalk replied 4 years ago.
Yes, if she gave away community property, you can ask the court to award you 50% of the value of what was given away be awarded to you in cash or other property to make up for what was given away.

Best regards,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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