Legal Question in Family Law in Nevada
property division -divorce
My spouse had an affair and has moved out, we own two cars(titles are both in my name) we plan on divorcing but no papers signed as of yet. My spouse has taken the ''good'' car is there any reason why I can't have that car, especially since I am the one working and paying the bills while my spouse attends school. Since I have title can I just take the car back and let my spouse have the car I got left with? Thankyou for your help.
2 Answers from Attorneys
Re: property division -divorce
Nevada is not a title state, it is a community property state. So your wife has as much right to the new car as you do. If you want it the proper procedure would be to file a motion in divorce court to get it. Self-help repossession could end up getting you in trouble.
Re: property division -divorce
Yes, you can take the good car but if you have children and the children live with her, there better be a compelling reason that you are letting your children be in the non-good car. Further, the fact that she is not working and you are, means that she can ask for alimony, probably temporary and the judge may give her the good car because you have the ability in the future to get a new car.
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