Legal Question in Family Law in Maryland

Property distribution

My husband and I are still living together, but I am soon going to move out, and get divorced.

We have an Explorer that was purchased after we were married, but title in only his name. He stated he was going to give this SUV to his daughter so that I could not get it. Is he allowed to do that? Don't I have any claim on that vehicle.


Asked on 2/20/05, 12:22 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Property distribution

You have an interest in property to the extent that it is marital property. If he is compromising your interest(s) then you may require legal assistance. Contact me at (410) 750-2567.

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Answered on 2/20/05, 3:59 pm
Carolyn Press Chung & Press. P.C.

Re: Property distribution

You have no direct specific claim to the vehicle, since it is titled to your husband, but you have an interest in the value of the vehicle, along with all other marital property, at the time of the divorce. If your husband deliberately gives away assets to avoid your receiving a share of their value, that can be considered a dissipation of marital assets and at the time of divorce he could be required to pay to you a monetary award based on a share of the value of all assets, including those he gave away. Since most SUV's are encumbered by debt, I will also mention that most often, unless the vehicle is pretty old and the loan is paid off, there is no equity in the vehicle. If your husband's SUV has a loan tied to it and he is making the payments, you might as well let him go ahead and give it to his daughter.

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Answered on 2/24/05, 10:21 am


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