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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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I have been married since April, 2012, the man I am married

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I have been married since April, 2012, the man I am married to has not been able to hold a job for more than 6 months. We bought car, I traded my 1999 tahoe that was paid for in as a down payment on the 2007 Explorer that was purchased. The dealer put it in my husbands name; but he has not paid one payment on the car. What are my legal rights to the explorer? I need to know, what my legal rights are.

AttyCBradford :

Hello I would be glad to assist you with this issue. When did you purchase the Explorer? After you were married?

Customer:

In Ferbruary of this year.

AttyCBradford :

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

AttyCBradford :

Since you are legally married the debt collectors could come after either of you as well despite it solely being titled in his name

Customer:

My father has offered to pay the car off as long as Mark would sign the title over to me.

AttyCBradford :

that would be fine

Customer:

It is my only means of transportation to get back and forth to work to support my 3 sons. His jeep is paid for.

Customer:

How would the court's feel about that, just asking

Customer:

Especially since he can't and has not been able to keep a job.

AttyCBradford :

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

Customer:

so basically I am up a creek without a paddle unless he agrees to sign the title over to me, right?

AttyCBradford :

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

AttyCBradford :

No you could file a motion in court for temporary use of the family vehicle until further order

Customer:

okay, I hope that he will just sign in over to me and let me pay it off. How would we do that?

AttyCBradford :

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

AttyCBradford :

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.

Customer:

Thank you.

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