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Loren, Lawyer
Category: Family Law
Satisfied Customers: 34501
Experience:  30 plus years of experience.
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I am divorcing my husband of one year in Arkansas. We have

Customer Question

I am divorcing my husband of one year in Arkansas. We have one debt to adjudicate, a truck purchased in my name. He has not made a full payment in three months, cannot afford to live on his own and make payments and I have check stubs to prove it. He does not even pay the insurance consistently. I make 70k and just paid off my auto loan, so I would like the truck back. What are my chances of getting it back?
Submitted: 6 years ago.
Category: Family Law
Expert:  Loren replied 6 years ago.
Arkansas is an equitable distribution state. When the parties are unable to reach a settlement, the Chancery Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Chancery Court to be fair. Because of the short duration of the marriage, it should not be am problem to get a truck back that is titled in your name. Especially if he is unable to maintain the payments himself.
Customer: replied 6 years ago.
one other thing, He will not come get his things, He is using me for storage. I sent him a letter on october 6, certified of course to come get his things, NO REPLY. The final hearing is nov 30. At what point can I consider his things MINE and have a garage sale?
Expert:  Loren replied 6 years ago.
After the order is entered in which the property settlement is entered. After that give him notice that if his property is not removed within a reasonable period of time, say, 2 weeks, you will have it disposed of.
Customer: replied 6 years ago.
How am I going to get the keys from this Jerk? What if he damages the truck spitefully?
Expert:  Loren replied 6 years ago.
You are going to get the court to order it's return. If he damages it he can be held in contempt of court and fined and/or jailed.
Customer: replied 6 years ago.
do they designate a time and place to return it?
Expert:  Loren replied 6 years ago.
You will need to request the court to order the return of the truck as part of the final decree of divorce and they can designate the time and place of return.