Colorado Springs, CO asked in Divorce for Colorado

Q: Ok so here’s my problem.. when I met my wife she had a stock Jeep Wrangler.. after 5 years and two kids later ,

I purchased a Durango with four doors for a more family friendly vehicle.. we’ll because it was more feesable for her to drive it due to the fact she dropped the kids off on her way to work , the jeep became the vehicle I drove and it stayed that way till the end of our marriage .. well after a few years I upgraded the suspension, axles, Seats, basically I turned it into a amazing off roading machine.. my question is we have just done the orientation in court and don’t have anythjng past that. And today I notice she’s selling it on offer up.. I swear we both signed papers saying we wouldn’t sell anythjng ect ect till it final. I know the title was In Her name but I paid for all the upgrades with my money and was told that it was my jeep until the day she changed the title to her name while I was at work.. any advise would help. I’m crushed seeing my custom work being sold. It just doesn’t seem right.

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1 Lawyer Answer
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: Unfortunately, if she had the vehicle it's likely going to be viewed as premarital or separate property. More information is needed to assess whether there is any marital component to the value and the key issue is whether, in light of the changes you made to the vehicle, it has increased in value. As vehicles are depreciating assets, an increase in value seems unlikely. You could make arguments as to the equity in the vehicle at the time of marriage vs. now, but this would likely only be a worthwhile argument if it was brand new when you got married, with little or no equity. All that being said, though you might be able to argue there is marital equity, since she never jointly titled it, it is hers from a physical disposition standpoint and the court cannot force her to let you have it. All the court can do is divide equity.

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