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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 23989
Experience:  18 years of litigation experience.
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Can my husband trade in a co-owned car without my consent?

Customer Question

Can my husband trade in a co-owned car without my consent? We are getting a divorce and he traded in this car (primarily mine) to a car dealership and then financed a much more expensive car. The title states "and" with both of our names. However, in the
past, we were thinking about trading this car in, so my signature was already on the title. We ended up trading another of cars instead. I asked my divorce lawyer and it didn't seem like she wanted to pursue anything. He filed for divorce in NM, then did this.
But I have yet to be served. I filed for divorce in CO around the same time and he has been served.
Submitted: 1 year ago.
Category: Family Law
Expert:  Zoey, JD replied 1 year ago.

Hello,

My name is ***** ***** I will be assisting you with this question.

If you are asking whether you could charge your husband with a criminal offense, the answer is that neither the police nor prosecutor will probably want anything to do with this matter. The fact that at one point you signed the title over would make it nearly impossible for the prosecutor to establish beyond a reasonable doubt that he didn't have your consent to trade in the car. Then too, the fact that you and your husband are in divorce litigation would make the matter of the car and its value something that would be better hashed out in your divorce settlement when you are dividing the property than resolved anywhere else.

Customer: replied 1 year ago.
What would most likely happen when dividing property? My attorney said that because he used a marital funds to finance the new car, the new car is a marital asset. Would I maybe get half of the old car's value back or half of the new car's value? Or nothing since I have another car?
Expert:  Zoey, JD replied 1 year ago.

Sorry for the delay, but i stepped away from the computer.

Your attorney is correct. The new car is a marital asset. Your family lawyer would be in the best position to tell you what you could get for it as he knows, or will, the assets of you and your husband. I can only say that it will figure into your negotiations.

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