Not all families have more than one vehicle with which to get around. In most places, it's almost impossible to go to the grocery store, your job, medical appointment, and other places using public transportation. Read on to find out how to handle this common problem during the separation leading up to a divorce.
Something to Worry About?
Unfortunately, some people who want and need to separate and divorce are reluctant to do so because of the vehicle issue and others. It only stands to reason that if you are in fear of being stuck at home with no car, you might be hesitant to file for divorce. A lot of the hesitancy to make a big move like divorce is based on fear of the unknown, and some of it is based on misconceptions about how property is treated with separation and divorce. Don't let fear of being without a vehicle keep you from taking the actions you know you need to take.
Speak to a Divorce Attorney
Get your information straight so good, fact-based decisions can be made when it comes to transportation and other issues. Many divorcing parties don't realize the scope of protection afforded to them. Talking to an attorney can provide you with facts to replace those fears so that you can move forward with confidence and file for divorce.
Making Things Legal
Who owns the family car is not as clear-cut as you might think. A lot depends on whether you live in a community property or an equitable distribution state. Also, the party with custody of the children may need the car more than the other party. Finally, the party with the most income is the one who is more likely to be able to buy a car than the other party and that can be a factor.
What Else To Know
Here are some additional considerations about vehicles and separations:
- You cannot be prevented from using a vehicle automatically. Ask your lawyer to schedule a hearing to determine who can use the vehicle and when.
- Your spouse cannot cancel the automobile insurance that covers you.
- Your spouse cannot just stop making car payments. Who makes those payments is an issue for the judge to decide.
- Your spouse cannot take the vehicle and sell it without the judge's permission.
To find out more about transportation and your rights during separation, speak to a family lawyer.
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