Legal Question in Family Law in Maryland
We are at the very being of the separation process after 18 years of marriage. We have one minor child who will be living with me. I was laid off for 5 months and when I found another job it was for $25K less and I turned my car in because I could no longer afford the payments. We have 2 other vehicles, both of which are in my hubby�s name only although we were married when they were purchased and held joint bank accounts with both/either of our incomes paying insurance, car notes, etc. He is a sales mgr and drives 1 car for work and pleasure, he receives a car allowance from his job and pays the note with that. The other car which, until I recently started driving, just sat in the driveway for weeks without anyone starting it up or driving it, is paid off. He believes in a divorce settlement that this is solely his car and I am just out of a vehicle (or will have to buy it from him). I believe this vehicle will be awarded to me, for my sole use and he will have to sign it over. He wants me to give him the keys now.
2 Answers from Attorneys
Maryland is an equitable property state. Therefore, it is difficult to predict what a court may do. However, based upon the information provided, the car is marital property. To protect yourself during this process, you should hire an attorney.
What's your question? If the car is titled in his name, the only way you can acquire use or ownership of the car is if (a) there is a minor child and you are awarded custody, in which case you can be awarded use and possession of the car for a period of time if the CHILD's best interests require that you have the use of the car, or (b) if the car meets the statutory definition of "family use personal property," in which case the ownership can be transferred. The more likely outcome is that he will get to keep the car, but if it is marital property, its value will be equitably distributed. By way of example (and keeping this really simply by assuming the car is the ONLY marital asset), if the car is worth $10,000 and a court decides that "equitable" meand equal in your case (keep in mind that marital property doesn't have to be divided equally), your husband may be able to keep the car, but have to pay you $5,000 for your equitable share of marital property. For additional advice, consult a competent domestic relations attorney.
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