Legal Question in Family Law in New York
abandonment
My husband left on july 4th and we are not sure where he lives he has made no contacts with us and has left me with all the bills,there is a motorcycle loan as of which i am the co signer but not listed on the title.I have 5 potential buyers but cannot sell it. The car ins. is in both our names but the cars' reg. is in my name he will not pay the car ins. so i cannot afford to pay the whole bill alone and he is driving the car around but the police will not go get the car. what are my rights? what do i do?
1 Answer from Attorneys
Re: abandonment
Under NY law, you are not entitled to a divorce under grounds of abandonmnet if the abandonment was less than 1 year. To commence a divorce action a process server must personally serve the summons.
Motorcycle loan. As a co-signer you have a responsibility to pay the bank. Unfortunately, since you are not on the title you - legally - cannot sell the bike. I would contact the bank and explain the situation. There is a possibility that you may work out an agreement where the bank would repossess and sell the bike in consideration of releasing you from your responsibilities as a co-signer.
Automobile. Under law since you are the registered owner the car must be insured.
I would locate the husband and commence an action in Family Court for support seeking funds equal to the amounts you are paying for the motorcycle and the automobile insurance.
Mike.
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