What is considered marital property. All cars are in his name but 2 were purchased during our marriage, am I able to take one of these cars so I can move out of state befor the divorce is final. May I take funds out of a joint account?
2 Answers from Attorneys
Re: marital property
The cars purchased during the marriage are marital property for purposes of divorce. Technically, the cars belong to your spouse, as they are titled in his name. Is it necessary for you to leave the state to file for divorce? Perhaps you should file in Michigan and get an order allowing you to drive the car during the pendency of the divorce. Leaving the state with the car could open the door for him to claim it was stolen. Far less hassle if you file for divorce first. For more info, please conatct my office at (248)851-3171.
Re: marital property
Marital property is generally property acquired during a marriage. However, I would not take possession of a car titled to someone else, even a spouse. You may be awarded one of the vehicles in the property settlement, and then you would need to have the title transferred to your name. You should be able to withdraw funds from a joint bank account. In general, any person named on a joint account can withdraw some or all of the funds, but I would be cautious about this as well. More information is needed. You should consult in person with an attorney before making any of the moves you mentioned.
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