Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #38:
MY DAUGHTER FILED FOR A DIVORCE, HER HUBSAND BOUGHT A CAR WITHIN A WEEK OR TWO BEFORE OR AFTER THEY GOT MARRIED, NOW HE PUT THE CAR IN HIS FATHERS NAME SO HE DOSEN'T HAVE TO SELL IT AND SPLIT THE MONEY WITH HER. THIS IS HIS EXTRA CAR WHAT CAN SHE DO, A CONCERNED FATHER.
Answer:
In order to answer your question I must first know what state your daughter is located in, what state her husband is located in, where , if any, are the children located, and are there any other assets, such as a home, boat etc. and where are these items located.

You mention that the car was purchased either before or after the marriage; it is essential to know when the car was purchased. If it was purchased with money and during the marriage it would generally be considered marital property no matter whose name the car is registered in. If it were purchased before the marriage with personal money earned by her husband and the car was registered in his or his father's name, it would be individual property and not subject to marital division.

In summary, if will indicate what State you are located in and how the car was acquired, I will be able to better respond to your question.

Leonard M. Weiner, Esq./Divorce Solutions

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