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I am in process of divorce. I have a vehicle that is in my mothers name and is paid off. Can husband fight for it?
Anonymous2 views4 answers
I am in process of divorce. I have a vehicle that is in my mothers name and is paid off. Only her name appears on the title. I paid for the vehicle during our marriage but I do know vehicle is not legally mine. There is no security of interest on it or did I document the 'loan' to my mother. Can my husband still fight the vehicle?
Andra Marie VaccaroIntellectual Property Law AttorneyLos Angeles, CA ·
If your marital community funds paid for the vehicle, your ex can make a claim for reimbursement to the community unless you can show it was a gift to your mother that was made with his approval.
If community funds purchased the vehicle it is a community asset and he can ask for half the value.
If you are claiming that you gifted it to your mother, the court will most likely give him the value of his share of the "gift" as a reimbursement. This is assuming they buy the "gift" argument.
I am operating off very limited facts here. You are probably best off speaking with an attorney if the car has any value.
Good luck.
He's going to claim reimbursement for the value of the vehicle. He won't get the vehicle, but he may get a correspondingly higher percentage of the assets from your marriage to compensate him for the use of community income to pay for a "gifted" vehicle.
