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Started by
lg_michellef
, Apr 05 2012 01:55 PM
8 replies to this topic
#1
lg_michellef
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Posted 05 April 2012 - 01:55 PM
#2
RetCopPrlgl
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Posted 06 April 2012 - 01:59 AM
Either party has legal possession rights to the vehicle. It makes no difference who is paying the loan, or who might pay the loan off, without some documentation assigning rights to one party or the other.
I am not an attorney. My comments are made based on my training and experience as well as diligent research. I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.
#3
pg1067
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Posted 06 April 2012 - 02:05 AM
Can a spouse pay off the loan to vehicle where we both are coapplicants.
I don't see how the answer to this question could possibly be anything other than yes.
Do I have any rights to this vehicle I paid on for three years.
Since your name is on title, you presumably have equal rights to the vehicle.
Can he just come and take the vehicle if he wants.
No one on this board is going to have the slightest idea what your husband is capable of doing. If you meant to ask whether he has a legal right to possession of the vehicle, the answer is yes, because his name is on title.
If you want to resolve this, you need to file for divorce and get the court to allocate your marital assets, including this vehicle.
#5
lg_michellef
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Posted 06 April 2012 - 06:35 AM
#6
RetCopPrlgl
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Posted 06 April 2012 - 07:09 AM
Ok, let's take a look:
In order to obtain an absolute divorce (which is
the legal term for a "real divorce") in Maryland, unless the divorce is
based on adultery or cruelty, the parties must have been separated for
at least 1 year. However, no one should wait a year after separating to
file for a divorce because court dockets are clogged and it will take
most of that time to get a court date. In order to "get in line" for a
court date, many parties file for a "limited divorce," a holdover from
yesteryear which today serves two functions: getting temporary support
and getting in line for an absolute divorce.
Some issues, such as property division and debt can be addressed in the "limited divorce" petition. He can be served in D.C.
HOWEVER - YOU can file the divorce in D.C., rather than Maryland, because under the law there (Wash D.C. Statutes, Title 16, Chapter 9, Section 902) states that ONLY ONE of the parties has to be a resident for at least 6 months.
I am not an attorney. My comments are made based on my training and experience as well as diligent research. I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.
#7
lg_michellef
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Posted 06 April 2012 - 07:18 AM
Thank you for the advice, I apologize for yelling.....I will head to DC to take care of filing I appreciate it fully.
#8
RetCopPrlgl
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Posted 06 April 2012 - 07:21 AM
But, you're welcome. And, you should always run this stuff by a qualified attorney before venturing out based on what you read on a public message board.
I am not an attorney. My comments are made based on my training and experience as well as diligent research. I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.
