Legal Question in Family Law in Massachusetts
property in divorce
I have two vehicles in my name and registered to me. My ex has a motorcycle in his name. He was using one of my cars until recently when he was given his father's to use. I asked him for the car back and he told me that he had to put a new transmission in it and if I wanted it then I would have to pay him $1200. I told him that he would have to give me half of what his motorcycle is valued at if he wanted to be like this. Do you know what legal ground I have?
1 Answer from Attorneys
Re: property in divorce
My first question is what do you mean by "your ex." Is that your divorced husband, separated but still legally married husband or never married ex boyfriend.
If you are legally divorced then assuming the separation agreement does not state to the contrary the vehicle that supposedly needs to be repairs is yours and you can take it back at any time.
If separated but still legally married then even though the property is in your name it is joint marital property. You do not owe him any money and the motorcycle in his name is also a joint asset.
If never married then see the above mentioned terms of the divorce.
The motorcycle has no value to you unless stated such in your separation agreement or unless you are still legally married.
If you have any questions please feel free to contact me.