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My son is separated (not legally) from his wife. Her car recently

My son is separated (not...
My son is separated (not legally) from his wife. Her car recently became undrivable. My son wants to buy a new car with me as a cosigner. His wife thinks that she should get the new car and he drive the older one. My question is can she legally take the car for self, and will I be obligated to pay the monthly payments?
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Answered in 9 minutes by:
9/1/2012
Robert
Robert, Attorney
Category: Family Law
Satisfied Customers: 1,412
Experience: I am a licensed Attorney.
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Hello and thank you for choosing JustAnswer!

If your son is not legally separated and no divorce petition has been filed then property acquired by either spouse (other than by gift or inheritance) during this time is still considered marital property. She may not be able to get the new car, but if it is in your son's name, then she can claim to be entitled to an equitable distribution of the car.

It may be better for you to put the car in your name and have your son listed as the co-signer so that your son is not actually acquiring the car but you are. This is probably the best way but your son could also just wait until he is legally separated or has petitioned for divorce.

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

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Robert
Robert, Attorney
Category: Family Law
Satisfied Customers: 1,412
Experience: I am a licensed Attorney.
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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).

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