Family Law Questions? Ask a Family Lawyer Online.
Hello I would be glad to assist you with this issue. When did you purchase the Explorer? After you were married?
In Ferbruary of this year.
Texas recognizes what is known as community property, which is all property that is acquired during the marriage. If the explorer was bought during the marriage then the explorer would be considered community property despite whose name it is titled in... meaning that each party has 50% interest when it comes to dissolution. If you want the value that you put into the car, including the down payment (meaning your previously paid off tahoe) and then any payments you would have to show that you made these payments out of your separate funds
Since you are legally married the debt collectors could come after either of you as well despite it solely being titled in his name
My father has offered to pay the car off as long as Mark would sign the title over to me.
that would be fine
It is my only means of transportation to get back and forth to work to support my 3 sons. His jeep is paid for.
How would the court's feel about that, just asking
Especially since he can't and has not been able to keep a job.
It would be considered an "equalization payment" any value that you would be entitled to from the community estate would just be taken against the value of the explorer
so basically I am up a creek without a paddle unless he agrees to sign the title over to me, right?
Just make sure to get it in writing that the Explorer is being given to you to use temporarily pending any determination by the court. Any value that is put into paying off the debt prior to the dissolution you would be entitled to. Or in the alternative you can enter into an agreement that says you are paying X amount of money towards the community debt (the explorer) and you are entitled to that amount
No you could file a motion in court for temporary use of the family vehicle until further order
okay, I hope that he will just sign in over to me and let me pay it off. How would we do that?
You would need to write up an agreement stating exactly that.. Make sure both parties sign it and in front of a notary would be best
If I have answered all of your questions please press accept and provide positive feedback so I will get credit for assisting you. PLEASE NOTE: this is a PAID answering service and we only receive credit for assisting you if you accept the answer. If you are not satisfied and need additional assistance, please ask before providing negative feedback and I would be glad to assist you further. Sometimes I am working with more than one customer at a time so please allow a chance to respond. Thank you and I wish you the best in your situation! I strongly suggest that you consult with a local attorney in your area on this matter. This information is provided for general informational purposes only and does not constitute legal advice nor has an attorney-client relationship been formed.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).