Legal Question in Family Law in New York

distrabution of martial property.

we have two cars.the first is in my soon to be x.the other loan is both of our names.titles are in both of his names.what car would i get?the first only holds four we have 3 children they dont fit in the first car.he has the kids.does he get the car that hold the most people b/c he has the kids?or can i get the second car b/c its in my name also.the first car i would have to refinance to put into my name i cant.


Asked on 2/21/02, 1:00 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: distrabution of martial property.

Issues such as these are typically "negotiated" between the parties, with the help & participation of attorneys ... in my experience, it would not be a good thing to end up before the Court with such issues "un-resolved"; typically, with much grumbling and growling, any judge would pointedly tell the lawyers to go out with their clients and either wring an agreement out of them, or wring their necks.

Put otherwise, there is nothing like an 'absolute', mathematical formula applied to these issues, as a rule &, worst case scenario, if no one could agree, you might end up with an order to sell both cars & split the proceeds ... or something like that.

The point being: the court will expect you folks to work this out.

Good luck.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 2/21/02, 7:30 pm


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