Legal Question in Family Law in Florida

divorce/marital property

My husband and I will be filing for divorce soon. I was recently in an accident where my car was totalled. He was supposed to give me the car in the divorce, and actually had it in the papers that he was giving me the car. The car was in his name only, even though it was a marital asset since it was purchased after we were married. He was the one who received the insurance pay out and refused to give any of it to me. The total pay out was $3000.00. This car was my primary source of transportation to and from work. I cannot even pick up our children from his since I have no transportation. Is there anything legally I can do? I am going to lose my job because of no transportation. I have been in possession of the ca since we origanally separtated in October 2007. Please help!!!!

Dana


Asked on 7/31/08, 5:08 pm

1 Answer from Attorneys

Alicia Santana Torres Santana Torres Law Offices, PL

Re: divorce/marital property

You can file for divorce. Forget the agreement, he has already violated it in spirit if he is not giving you the $3000. Was it signed already? You could file a motion to enforce agreement. If not, you have to start form scratch and come up with a new agreement. Did an attorney help you the first time around? You may need one now.

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Answered on 7/31/08, 7:42 pm


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