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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My wife and I are currently seperated. At the temp. hearing

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My wife and I are currently seperated. At the temp. hearing the Judge ordered that I was to stay in the house and keep up payments and up keep. She keeps the new car and keeps up payments. Well my wife went and sold the car without no ones consent and bought another one. What rights do I have being that she sold the car. We live in South Carolina.



I am an attorney with more than 25 years of experience and I look forward to providing you information in this regard.


When you ask about your rights, what do you mean? Because you are still in the jointly owned home and now she has a car with only her name on the title? Is this what you are concerned about ?



Customer: replied 4 years ago.

Well she wants the house back. Is there anything that can back fire on her for selling the maritial property (car). As well as will I be able to keep my home being that she abandon it.



Well, she has not abandoned the home and if it was bought during the marriage then either you will have to re fi and buy her out or she will have to re fi and buy you out - if there is any equity in the home to be had. It will be the equity that is considered here as to who will get any money.


Now, the other thing is if there is no equity then the court can order it sold and you both walk away and start fresh toward the future.

As to the car, I suggest you can tell the court she violated the Order and sold it. However, again, unless the car was worth more than what you paid for it, you are just going to have to resign yourself to cut your losses, unless you have other marital assets such as a joint bank account and the court can order you more than she gets because she has the car. And look at it this way she is paying for it - that will not be a marital debt any longer.


So I suggest you focus on what you want to do with the house. If you want it, then I suggest you start talking to your lender and see if you can qualify to get the home in your name only with a re fi so that when you go to court you can have that information to present to the court


Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.


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Customer: replied 4 years ago.

As for the joint acct. there was hardly anything in it when she left. But she's claiming that I took the money out before she left. How does that play out. The money she's claiming that was taken out before she left has been spent.



All bank statements will need to be reviewed at some point and it will become clear if there are any missing funds. If there are, then I suggest she can argue that she still gets her share and the car to compensate for any money that might be missing.



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