OT - Sister going through divorce - Asset Question

knowbetterdobetter
on 1/4/12 3:15 am - FL
RNY on 03/26/12
Hello, my sister is seperated from her husband and is filing for divorce. She does not have a vehicle and wants to go look for one to purchase. She wants to know if she puts the vehicle in her name if her husband will be able to take it in the divorce. We live in Florida and they dont have to be legally seperated before filing for divorce. They have no property and no children. Thanks Lisa.
iowa_missie74
on 1/4/12 3:22 am - IA
I would have no idea but I'd say in my opinion...if she purchases it with her own money and it is solely in her name, then it should be hers. Can she purchase the car, but then put it in someone else's name until the divorce is final. She pays for insurance and everything and then transfer the car later? I am currently doing that for my brother...the only thing I made him do as well was have a paper notarized at the bank after they watched him sign it that stated that any problems, accidents or other issues such as him being sued if he gets in an accident is all his responsibility. That way I'm covered if he does something stupid :)
            
knowbetterdobetter
on 1/4/12 3:33 am - FL
RNY on 03/26/12
We thought about her putting it in our Dads name just in case. I think I will tell her to do that. She has a 9 year old son from her first marriage and taking the bus everywhere gets kinda old and takes twice as long as driving. So she needs to get a car soon. Thanks for responding.
myminime
on 1/4/12 3:34 am - Eugene, OR
She should check the laws or with legal aid before doing anything. In Oregon, if I understood the process correctly, if it's purchased before the divorce, it's considered a joint asset. During the divorce proceedings (from when paperwork is filed until the divorce is final), neither party is allowed to sell or purchase anything large or withdraw large amounts of money from shared accounts.

I hope everything works out for her
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hedrider
on 1/4/12 3:45 am - Midlothian, TX

Can you have someone else purchase it in their name and let her use it?  Then they can sell it to her after everything is done.

Heather
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knowbetterdobetter
on 1/4/12 3:49 am - FL
RNY on 03/26/12
Thanks Myminime and hedrider.
I spoke with her and she agreed that she will put it in our Dads name. We dont want to take a chance with him being able to take the car.
H.A.L.A B.
on 1/4/12 4:09 am
If they can prove teh car was paid by her - her money when she was still married - that also may be a casue for him getting the car or 1/2 what the car is worth. Just be careful.

Hala. RNY 5/14/2008; Happy At Goal =HAG

"I can eat or do anything I want to - as long as I am willing to deal with the consequences"

"Failure is not falling down, It is not getting up once you fell... So pick yourself up, dust yourself off, and start all over again...."

knowbetterdobetter
on 1/4/12 4:11 am - FL
RNY on 03/26/12
Thats good to know. Thanks so much.
H.A.L.A B.
on 1/4/12 4:20 am
My friend was in a simmilar sytuation. Her mother bought a car and my friend leased a car from her. Month to month contract.  That way - she legaly did not own it - but was responsible for all legal expenses in case of an accident. 
The lease contaract can be simple - and notorized.  

Hala. RNY 5/14/2008; Happy At Goal =HAG

"I can eat or do anything I want to - as long as I am willing to deal with the consequences"

"Failure is not falling down, It is not getting up once you fell... So pick yourself up, dust yourself off, and start all over again...."

knowbetterdobetter
on 1/4/12 4:33 am - FL
RNY on 03/26/12
That is a great idea!!! I will pass it on to my sister. Thank you!
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