Legal Question in Family Law in Washington

Re: Car disbute, but much more regarding Divorce

A problem with what you have presented is that you told me some facts, but you did not ask a question(s). It is unclear what your legal status is or what your plans are for changing your legal status. I can tell you all property, debt, parenting issues, support can be addressed by the court. I'd encourage you to get the process started.

Dispute re possession of automobile.

YOUR PROBLEM:

I am married and recently separated. I was located and married in King county WA and have since relocated to Portland, OR. I bought a car out here but also have a car financed solely in my name in Washington State that my husband is using. I have allowed him to use it as long as he signed a contract I created agreeing to take over the payments & insurance.

My problem is the car is uninsured at the moment. We had gone back and forth with plans to trade it in & they fell through. I have since tried putting the car back on insurance & I found out that since it had been uninsured for too long my rates had sky rocked and I could not afford to stay with that company. I have found a company with much lower rates and am ready to re-insure the vehicle. However, my husband refuses to pay the insurance because he is unemployed and cannot come up with the money. Further more, he refuses to give my car BACK! He claims that since we are married it is half his. He claims ALL rights to the car but 0 responsibilities. We are talking about at least $200 upfront to put the car under effective car insurance. We also have a son and trade off every two weeks. By giving up this money I would be suffering to provide for my son while he is in my care

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RESPONSE:

If the car is titled in your name alone, then it is YOUR car. If you have the keys and know where the car is located, just go get it. It�s that simple.

Your husband�s claim that the car is half his because you and he are married to one another is a bunch of hooey. The status of being a married woman does not mean that you do not have the right to own, possess and control property in your name alone. (It is true that when you go through a divorce, the divorce court judge would have the power to issue an order granting to one spouse the temporary exclusive use, control and possession of certain items of real or personal property while the divorce proceeding is pending, and may ultimately reassign property interests and award property of one spouse to the other as part of the final divorce judgment, but until and unless that happens, your separately owned property remains just that: YOURS.)

L.D. Gorin