Legal Question in Family Law in Minnesota

question about car titles transferred b4 divorce is started

To keep my spouse from making me sell my collector car for her cash share in it, can I transfer the title to my father until after the divorce is settled. What can she do? What can I do? I had the car before I met her, but she wants half of what it is worth ($12,000/2=$6,000).


Asked on 3/23/07, 9:12 pm

2 Answers from Attorneys

Michael Paul Cundy & Paul, L.L.C.

Re: question about car titles transferred b4 divorce is started

Do not transfer the title to anyone. If the car was your vehicle prior to the marriage, and you can prove it, then it can be declared a "non-marital" asset, which means you don't have to share it with your wife. However, if the car has gone up in value since the time of your marriage, especially if you have worked on it during the marriage or bought new parts, then your wife could make a claim for a share of the appreciation in the value of the vehicle from the time you were married until today. We offer a free initial consultation at our office if you are interested.

Read more
Answered on 3/26/07, 11:00 am
Mary Drummer Tarrant, Drummer & Liska, PLLC

Re: question about car titles transferred b4 divorce is started

If you owned the car before you married her, your car is your non-marital property. That means that your wife, at mots, is probably only entitled to half of the increase in value of the car during the marriage, not half of the whole value of the car. You would have to show the court that the car was yours before the marriage, through its title, or purchase documents, or whatever. If you did work on the car during the marriage, she might be entitled to some portion of the increased value too.

Also, the court is not likely to force you to sell an asset so she can get her share of the marital value. It would be more likely to just order you to pay her cash, or to give her a little less debt to pay, or more money out of the house or your pension, etc. It would not be a good idea to transfer title to anyone else to avoid this issue; this is called dissipation of assets and will only get you in lots of trouble with the court.

Read more
Answered on 3/24/07, 10:18 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Minnesota