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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116817
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My question is my wife and me are in the process of s

Customer Question

Hello my question is my wife and me are in the process of s separation she has had her lawyer file a motion to the court to keep me from selling any of are property I have not been served yet and want to no can I sell both of my cars as long as the papers has not been served
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

When a divorce is filed, the law requires and expects the parties to maintain the status quo of the marital property until the case is heard. So, if you sell the marital property, which you can do because the other party has not served you with the motion, the court can still order you to take the proceeds from any sales and put them in the registry of the court to be accounted for in the marital property division. So you need to be careful in doing this as the court can seize the money and tie it up until they decide how it should be divided.

Customer: replied 1 year ago.
Let's say I had been served wound I be able to gift the cars
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

No you would not and if you did so the court could intervene and take the cars back from whoever you gifted them to as part of the court power under the Fraudulent Transfer Act.