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
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