My husband and I have been separated and living in separate residences for 6 months now. During this separation, I bought a new car and he bought a late model Harley. He has threatened to come take my car because it was purchased during the marriage (separation period). The car is in my name only.
I'm filing for divorce this week. Do I need to include the car as an asset on the property declaration form? Does he have any rights to my vehicle?
Also, I took no other property or assets from the marriage, and we share no accounts or other assets. He does however owe a great deal of money to the IRS. I filed married/separate. How can I protect myself from his debts?
Thanks very much!
The important date to list on your petition is the date of separation, post-sep. assets/debts are confirmed to the acquiring spouse. The IRS debt is more complicated although you may want to read up on innocent spouse relief in case it applies to you. When was the IRS debt (or taxes) incurred and if before separation then why do you call it his debt not your debt .? See a good family lawyer. I service that court, San Jacinto.
You need to include your car on your Schedule of Assets and Debts, but it is likely your separate property, so mark it as such. Whether or not your husband has an interest in the car depends on whether or not community funds were spent on your car. The IRS debt is likely a community debt, even though you filed married filing separate. There is no good way to protect yourself from your husband's debts, other than filing bankruptcy if necessary, but debts to the IRS are not dischargeable in bankruptcy.
All assets separate or community, without regard to when purchased, need to be listed on your schedule of assets and debts. Your husband may have a claim to reimbursement or equalization to the extent that you used any community funds to purchase your new vehicle.
Given the number of issues that you have raised and their complexity, I strongly advise you to consult with an experienced local family law attorney. For example, it is unclear how long you were married or when your husband incurred his debts to the IRS. This information would be helpful in addressing the questions you raise and would best be discussed face to face with an experienced attorney.
