Legal Question in Family Law in Washington
Separation
I divorced in 1999. In 2001 my ex and I reconciled and I moved back in with him. Everything is in his name, the cars and the bank account. I don't work. I have been a stay at home mom raising our three kids our whole marriage and I just recently started college. He has become abusive, not so much physical but mental and emotional. I have no money because he is the one supporting all of us. Is there any way that if I leave him that he can have me arrested for taking my car that is in his name? We both are on the lease of our home and both on the electric bill. But I'm scared that when I leave, he can say that i stole the car he bought me, and is still in his name. And what about support? (palamony I think its called.)I know that I can get child support because I got that when we divorced before, but I had it stopped because we were back together. I feel trapped. What can I do?
2 Answers from Attorneys
Re: Separation
With regard to the car, I think it depends on when it was purchased, and what proof you have that it was intended as a gift to you. Ultimately, the fact that only his name appears on title will be problematic for you, at least based on the information you have provided so far.
Regarding child support and custody orders (called a Parenting Plan in Washington), you can easily get these reinstated, although they may be different than what you had between 1999 and 2001, but still, you should get some money to help with the kids and have an arrangement for visitation.
When you wrote "palimony," I think you meant alimony, which is referred to as "spousal maintenance" in Washington. This is usually only available in divorce. You are already divorced.
As such, you would need to pursue a "Meretricious Marriage" claim, which means you were living in a marital like state, but remained unmarried. There are differences between this and divorce, which are too numerous and nuanced to discuss here, but suffice it to say, this is how you will see to recoup anything financially from your ex-husband.
I know you feel trapped, but my best advice is that if you can somehow manage to get a couple of hundred dollars together, at least hire a good attorney to consult by having them review all available documents and to sit down and discuss the details of your case before giving you a professional opinion of what to expect and how to pursue this matter in a way that protects you financially.
I am happy to help in that last regard, so feel free to get in touch with me anytime.
Re: Separation
"Palimony" does not exist in Washington State. The way it would be stated legally is "Maintenance is not available and does not exist for meretricious relationships in Washington State." On the car, if it is titled in his name alone, you may be vulnerable to his reporting it stolen. Property can have a sort of community condition in a meretricious relationship, but title to property is more important than it is in a marriage, where everything is presumed to be community property unless proven otherwise. You should consult with an attorney about getting child support and a parenting plan reestablished. They may be considered to have lapsed by failure to perform by both of you.