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#1 lg_michellef

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Posted 05 April 2012 - 01:55 PM

Can a spouse pay off the loan to vehicle where we both are coapplicants. We are separated  I filed a restraining order against him. Do I have any rights to this vehicle I paid on for three years. Can he just come and take the vehicle if he wants. It was purchased during the marriage and we have been separated for 10 months now.  Our names are both on the title.....

#2 RetCopPrlgl

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Posted 06 April 2012 - 01:59 AM

Unless there is some written agreement as to the disposition of the vehicle, or a Court Order granting ownership (such as through a separation agreement or divorce decree) the vehicle is owned jointly.

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

lg_michellef said...

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.


lg_michellef said...

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.


lg_michellef said...

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.



#4 Guest_FindLaw_Amir_*

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Posted 06 April 2012 - 03:59 AM

You have been separated for 10 months, but have you filed for a Divorce?


#5 lg_michellef

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Posted 06 April 2012 - 06:35 AM

I LIVE IN MARYLAND. HAVE TO BE SEPARATED FOR A YEAR BEFORE FILING FOR A DIVORCE. HE LIVES IN DC WHICH YOU CAN FILE AS EARLY AS 6 MONTHS, BUT WON'T. I WILL BE FILIING  AS SOON AS POSSIBLE.....

#6 RetCopPrlgl

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Posted 06 April 2012 - 07:09 AM

Please don't type in all caps.  It's considered yelling and quite rude.

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

It wasn't advice, but a suggestion.

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.



#9 Guest_FindLaw_Amir_*

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Posted 06 April 2012 - 10:21 AM

I agree with the previous poster, you may want to consult with a qualified Lawyer before proceeding.





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