Legal Question in Family Law in Maryland

Can I get a vehicle?

my husband and I will be going for our divorce in July,

He purchased 2 more vehicles with the equity from our house, I have the documentation showing that the mortgage company paid for the vehicles, will the court give me one of them or make him sell then give me the cash?

And how can I make sure he sells it for what it's truly worth?


Asked on 6/27/08, 3:18 pm

2 Answers from Attorneys

Gladys Weatherspoon Law Office of Gladys Weatherspoon

Re: Can I get a vehicle?

I don't know if you're trying to do this without a lawyer, but this kind of thing really should not be handled alone. You will be required to let the court know about what marital property you own. These cars are marital property because he got them during the marriage, even though he may have put them in his name only. You also have to list the value of the marital property, and the payoff amount of any loan. You should take whatever information you have to court that proves what money he used to buy the cars.

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Answered on 6/27/08, 6:06 pm
Robert Sher Wagshal and Sher

Re: Can I get a vehicle?

Before the divorce hearing, court rules require you and your husband to complete a joint property statement. On that statement, you list all of the marital property in one section and all of the nonmarital property in another. These vehicles are considered marital property because they were acquired during the marriage, even though he may have put only his name on the title. On the joint property statement, you also have to indicate the approximate value of each asset, and for any asset on which there is a lien or mortgage, the amount outstanding. Be sure to bring documentation to court as to where he got the money to pay for these vehicles and how much he spent. The court will endeavor to divide up assets as it sees fit. If you are keeping the home, the judge might allow him to keep the vehicles but order him to keep paying the mortgage or home equity line until he's effectively paid back the cost of the vehicles. Or the judge could rule that you get a greater share of the house because of this.

All of this can be very complicated and your case is a good example of one where proceeding without an experienced family attorney can cost you dearly in the long run.

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Answered on 6/27/08, 3:38 pm


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