Hamilton, NY asked in Divorce for New York

Q: We had 2 cars in our marriage, his name is on both, does he have to leave me a car and still make the payments?

He's a truck driver, Im on disability for MS. We've been living apart 2 years but no official separation papers. He has given me very little money in those two years, but he did pay for the car and insurance and when we divorce he's taking "our" car and I'll have nothing and no money to go get one. I make approx. $1,000 a month which includes house, gas, heating, electric, phone and groceries. I definitely dont have extra for a car. He makes between 700-1200 a week with no house or utilities to pay for.

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1 Lawyer Answer
Michael Varble
Michael Varble
Answered
  • Poughkeepsie, NY
  • Licensed in New York

A: That is for you to either stipulate yourselves or for the Court to decide. If you have an attorney they should be able to provide you with information about what your legal options are. If you don't have an attorney I would consult one immediately. Most provide a free consultation. See an attorney immediately and file for divorce. The court can award temporary spousal support before your divorce is final but that is all dependent upon your financial situations among many other factors. Speak to an attorney.

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