Montgomery, AL asked in Divorce for Alabama

Q: During divorce can a husband take a vehicle that was bought for wife it is in his name byt she has paid all payments

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: He can if you don't DO something about it!!...An Alabama Judge is likely to award you the car. But you can't sit around and wait. You need to get a lawyer to get you a court order and possession of the car. Otherwise your worthless hubby is going to grab the car and his new girlfriend and head out to California or some other God-forsaken place. In an Alabama divorce, the judge can make an 'equitable division' of ALL 'marital property.' This means that the judge can divide the marital property in the way that he or she thinks is right. This doesn't guarantee that you get the car, though. The judge is supposed to take into consideration ALL of the facts of the marriage to decide what is right, not JUST who paid for a particular asset. He or she looks a who gets the house, who pays the debts, who gets the retirement accounts, who makes the most money, who has the kids, etc., etc., etc. One more thing to remember--in an Alabama divorce the judge divides all 'marital property.' In Alabama it doesn't matter whose name the property is in or who paid for it. Marital Property is ALL PROPERTY THAT WAS ACQUIRED during the marriage. It can also include all property that was brought into the marriage by either party and even property acquired by inheritance or gift IF IT WAS USED BY THE COUPLE DURING THE MARRIAGE! You should consult your family attorney about this matter right away. If you don't have an attorney already, I'll be happy to speak with you about this matter. While I have discussed the general provisions of the law, there are some exceptions. So you shouldn't rely on this note as a legal opinion. If you click on my name it will take you to my contact page. There you can find information on how to contact me, either by phone or by email. I don't charge for the first 30 minutes of an initial consultation. Good Luck.

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