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I have a question about a marital seperation as my wife and

myself have split up and...
I have a question about a marital seperation as my wife and myself have split up and we had purchased a moble home together, we originally took out. Both of our names are XXXXX XXXXX Bill of sale for the mobile home. The land belongs to my parents and they retain ownership of this.

I have gone out and refinanced the loan on the mobile home and paid it out the original loan that was taken in both names.

Nothing at this point has been decided on any property matters. What would happen at this time if I sold the mobile home. Am I legally able to sell it by myself?

Thanks
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4/10/2013
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
Verified

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : Is there currently a legal separation agreement in place that determines the division of property?
LADY LAWYER : Just saw that nothing had been decided on any property matters.
Customer:
Is there currently a legal separation agreement in place that determines the division of property?
Customer:

no

LADY LAWYER : If there is no legal separation agreement and the two of you are still married, then yes, you can sell the mobile home.
Customer:

what about the fact it was purchased in both names? can she not legally come back after me for her interest?

LADY LAWYER : Had there been a legal separation agreement or a divorce filed, then the mobile home would be subject to the division between the two of you.
Customer:

can either party sell the trailer or only myself.

LADY LAWYER : You said it was just the bill of sale that had your two names, not the title, correct?
Customer:

being a mobile home there would be no title

Customer:

as it is movable property

Customer:

the land it is on is my parents land

LADY LAWYER : You used both mobile home and trailer and some trailers do have title, so I wasn't sure. However, the answer remains the same.
LADY LAWYER : Anything, whether it be movable property or stationary has to have some sort of record of ownership.
Customer:

There has been a divorce filed but nothing addressing division of property at this time.

LADY LAWYER : So there is a title or a deed.
LADY LAWYER : Okay, I needed to know that. :)
Customer:

no not as far as I know

Customer:

the loan for it was a personal loan and I took out a new one to pay out the original one when she left.

LADY LAWYER : When a divorce is filed, any marital property cannot be disposed of as it is now subject to the division by the courts.
Customer:

so does that mean it cannot be sold by me at this time?

LADY LAWYER : Right, but say you go to sell it. You have to transfer own ship rights by title or deed. Always.
LADY LAWYER : No, you may not sell it at this time.
LADY LAWYER : *ownership
LADY LAWYER : A bill of sale is fine, but that is only a document that shows the exchange of money for the property in question.
Customer:

as far as I know any mobile home is just considered personal property as it is movable and not haveing a title like a physicazl structure. So no deed or title in place and land is next to my parents as it is there land.

LADY LAWYER : Right, the land is not an issue.
LADY LAWYER : You can see more here: http://drivinglaws.aaa.com/laws/titles-for-mobile-homes/#quickjumpCanada. Click at the top for info on Canada.
Customer:

So if I sold the mobile and when the divorce proceeds I would have to account for any money and produce a bill of sale to the courts?

LADY LAWYER : Yes, that is correct. If you sell it, you will have to pay her her share, which will be determined at a later date. But often, the original court papers that get filed say that neither party is to dispose of any marital assets. So even if you sell and keep track of the funds, then you risk the chance of being in contempt of court for selling it in the first place.
Customer:

Thanks for your help

LADY LAWYER : You're most welcome! Thank you!
LADY LAWYER : I have enabled the rating system now.
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
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