Legal Question in Family Law in Washington

After many years of marriage my husband wants me to sell our truck (yes in both our names) because we are getting divorced and split the difference after I have been paying on it for over 5 years. He had his own vehicle in which he totaled which resulted in his 2nd DUI He cannot drive yet but wants me to suffer I have 3 more payments to make and the truck will be paid in full. I work and need a vehicle to get to work. He gets a ride since he cannot drive. When we file for divorce I want to know legally who would get to keep the vehicle?


Asked on 2/07/10, 5:54 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

You probably have a decent shot at keeping the truck and here is why. For purposes of this response, I am going to assume that the vehicle he wrecked in his DUI was of comparable value.

Normally, it does not matter that you paid for the vehicle or if he paid for it, so long as it was paid for during the marriage, that is community property paid for with community income. Thus, I would initially say that he is right, the truck should be sold and the proceeds divided or if you want to keep it, pay him one half its current value minus one half the outstanding amount owed on payments.

However, you said that he wrecked his own vehicle which means a judge may be willing to say that if he did not wreck his vehicle, he'd have a vehicle and something to offset against what you have (your truck). As an equitable solution to the problem, I can see a lot of judges in a trial awarding the truck to you on the basis that your husband squandered community assets (his vehicle) by virtue of his DUI.

I caution you though, things are rarely black and white in divorce, so if you can afford it, you should at least consult local counsel before proceeding into your divorce on your own. I would bet that there is more to your situation than just the vehicles which is why you need someone to comprehensively look at all this for you. Best of luck!

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Answered on 2/12/10, 10:30 am


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