Legal Question in Family Law in New Mexico

My father is getting divorced and his soon to be ex-wife is trying to take his car; however, when he bought it he put the title in both his and my name. Does she still have rights to take it with the title having my name on it?

Asked on 11/26/16, 10:07 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

You might think this is an easy answer question; however, the problem comes around as to the information you did not provide. (A) When the car was purchased was it paid for in full? (B) Thereafter, was the car insured in both of your names, assuming that he put the car title in both of your names at the time of purchase. (C) When the car was purchased did you help provide some of the funds for the purchase? (D) If the car was not purchased in full, i.e., and Dad was making payments on the car where was the money coming from? - If the money to purchase the car was coming from money your father got from his work; or, money he took out of the community checking account - then his wife has a claim that some ownership of the car belongs to her. However, if you helped pay for it and none of the money to buy the car came from the marital community then your original assertion that the car is both your car and your dad's car will have more merit. These questions (and others) will have to be answered before the Law Guru can provide to you a full answer.

I hope you are able to see that any lawyer or the judge in the divorce case is going to ask these questions about the car. You did not provide that information so we will not be able to give you a full answer to your question. You did not put down what zip code you live in; however, most of the courthouses in NM have a Pro Se area where to you can find some answers to these questions. Also, you can try to call "Law Help NM." They may be able to help answer your larger question.

Good Luck.

Law Guru

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Answered on 11/27/16, 6:55 pm

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