Legal Question in Civil Litigation in Louisiana

I married in February of 2010. I purchased a new car in April of 2010. I traded in a car and put down $1100 cash. It took so long for the financing to get verified. The deal fell through because by the time they went to re-verify the information I had relocated to Virginia and had resigned from my job. My husband then picked the deal up. The trade in papers were then signed by him. The car was never owned by him and i never signed it over to him. We seperated in July of 2010. He then gave the car to his daughter. They are driving a car that I put the down payment on. Am I entitled to anything? The dealership that the car was brought from had my husbands name pre-printed on the trade in papers. Are they liable since they should have known better. I just want the $4000 for the trade in and my $1100 cash.


Asked on 6/11/11, 12:41 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

Even though everything purchased during the marriage is presumed to be community property, you state an excellent case since your previous car (and likely the down payment) were yours prior to entering the marriage (thus, separate property). You should be able to get that back. You need to list it in the separate assets in the divorce and have the Court order repayment.

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Answered on 6/23/11, 5:33 am


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