Legal Question in Family Law in Massachusetts
divorce with vehicles
In further explanation to my previous question. I am still legally married and have an uncontested divorce date for 3/5/06. Two vehicles are registered and insured in my name. My husband has a motorcyle in his name. He was using one of the cars and since then had to put a transmission in and was given another car. I want my car back but he states I owe him for the repairs that he did - which I knew nothing of. How do I get my car back and can I? If not am I entitled to 1/2 of the value of the motorcyle and how would I get that? We had not had this problem earlier as I was not aware that the vehicle was in my name until he gave me the insurance bill to pay.
1 Answer from Attorneys
Re: divorce with vehicles
Since the court date is not until March the vehicles, as is all of your property, joint marital assets.
The separation agreement, which should be approved by the court in March should be the guideline for your question. If it states that you get to keep the vehicles in your name and he keeps the ones in his name then the repaired vehicle is still yours. If he made the repairs without your knowledge then thank him but you do not owe him unless you agreed to and knew about the repairs.
However on the other hand he may go into court in March and state that he does not agree to the terms of the divorce because of the "money you owe him." The Judge will not enter the divorce unless the 2 of you come to an agreement on this.
The divorce will not be final for 120 days after you go to court and the Judge approves the agreement.
As for getting the car back it is still a marital asset until the Judge approves the agreement. If he does not agree about the vehicles then yes you would be entitled to 1/2 of the equity in the motorcycles and the vehicles (even though they are in your name).
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