Q: My car was melted in a garage fire. Will the courts in Oklahoma order my husband to get me another vehicle he has 5 tota
He has 3 corvettes and 2 pickups and they are most likely hidden under his daddy and brothers names hiding his ownership from SSDI and me. And I'm pretty sure he was behind the fire that melted my car he had dropped the insurance coverage on it 4 days before the fire and I have messages saved where he has told me that as long as he didn't make an insurance claim on the house or car that it wouldn't be illegal for him to burn/destroy them because they are in his name because he refuses to give me the deed and title! I also have messages where he had said he was giving them to me and that my car was mine all mine.
The garage fire occured in Amarillo Texas and I'm now residing in Stratford Oklahoma
A:
It is true that an individual usually can destroy his own property. In a divorce proceeding, however, if a spouse has deliberately destroyed property like an automobile that was part of the parties' community property, the divorce court can award the innocent spouse a disproportionate share of the remaining community property as part of the final property division to compensate the innocent spouse for the deliberate destruction of the community property.
If you do not have an available automobile and are a licensed driver, it would be typical for the divorce court--as an exception to any standing orders or injunctive relief during the pendency of the divorce--to allow you to purchase or lease in your own name an automobile for your exclusive use and possession and it is highly likely that the court would ultimately award that automobile, subject to the terms of any lease or financing obligations, to you upon final division of your marital estate. It would be unlikely for the court to order your husband to lease or purchase an automobile in his name for your use as that creates unnecessary complications related to a final property division (i.e. a car in his name with financial obligations in his name) that likely would be awarded to you.
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