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

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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?
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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