Legal Question in Family Law in Pennsylvania
I am currently in the middle of a messy divorce. My ex and I had three vehicles, though they are registered in her name solely. I know that despite her name being the only name on the title, they are considered marital property, as they were purchased during the marriage. Recently, she applied for and obtained salvage titles on two of the vehicles, after which she sent a letter to my attorney stating that she had obtained salvage titles on the vehicles to make them worthless so that I cannot claim them as marital property.
What effect will the salvage title have on my claim to the vehicles? How will a judge view this sort of behavior?
Thank you for your help!
1 Answer from Attorneys
Since you have an attorney, it is not really ethical for me or another attorney to intervene and you should be directing this question to your attorney.
However, I don't how your wife can obtain salvage titles. Did she not already have the titles? Were the vehicles wrecked somehow?
Judges will not take kindly to the fact that she deliberately did something to render the vehicles worthless. See 23 Pa.C.S.A. � 3505 - Disposition of property to defeat obligations
(a) Preliminary relief.--Where it appears to the court that a party is about to leave the jurisdiction of the court or is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or a similar award, an injunction may issue to prevent the removal or disposition and the property may be attached as prescribed by general rules. The court may also issue a writ of ne exeat to preclude the removal.
(b) Inventory of property.--Both parties shall submit to the court an inventory and appraisement, which shall contain all of the following:
(1) A list of the property owned or possessed by either or both of them as of:
(i) the date of separation; and
(ii) thirty days prior to the date of hearing on equitable distribution.
(2) A list of the value of the property owned or possessed by either or both of them as of:
(i) the date of acquisition;
(ii) the date of separation; and
(iii) thirty days prior to the date of hearing on equitable distribution.
(3) A list of the liabilities of either or both of them as of 30 days prior to the date of hearing on equitable distribution, whether or not the liabilities are related to the property set forth in the inventory and appraisement.
(c) Discovery.--Discovery under this part shall be as provided for all other civil actions under the Pennsylvania Rules of Civil Procedure.
(d) Constructive trust for undisclosed assets.--If a party fails to disclose information required by general rule of the Supreme Court and in consequence thereof an asset or assets with a fair market value of $1,000 or more is omitted from the final distribution of property, the party aggrieved by the nondisclosure may at any time petition the court granting the award to declare the creation of a constructive trust as to all undisclosed assets for the benefit of the parties and their minor or dependent children, if any. The party in whose name the assets are held shall be declared the constructive trustee unless the court designates a different trustee, and the trust may include any terms and conditions the court may determine. The court shall grant the petition upon a finding of a failure to disclose the assets as required by general rule of the Supreme Court.
(e) Encumbrance or disposition to third parties.--An encumbrance or disposition of marital property to third persons who paid wholly inadequate consideration for the property may be deemed fraudulent and declared void.
It is going to be up to you to establish the value of the vehicles prior to their destruction or prior to the issuance of the salvage titles. Property is usually valued as of the date of separation and that is what I would go by here unless something wild happened like a tornado came through her yard and just so happened to have destroyed the cars which might dictate that the value as of the time of distribution.
Talk to your lawyer about this.