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gotto · Sep 25, 2008, 10:45 AM

My brother has been separated from his wife since January 2008. My parents would like to give him their car. If the title of the car was transferred to my brother, would his wife have any rights to the car during divorce proceedings?

Fr_Chuck · Sep 25, 2008, 10:50 AM

Is this a legal separation, have they already filed separation papers with the courts.
OR, are they merely living apart but still legally married and not legallay sperated.

I would either wait of talk to the attorney doing the divorce to be sure

cjonline · Sep 25, 2008, 11:16 AM

If there are no court papers stating they are separated then they are still married and all property is joint -- if you live in one of those states -- regardless of whose name is on the papers.

Have him get an attorney. Mine told me don't buy anything until the divorce is done no matter what. I would suggest that to anyone asking. Don't take the chance in court.

If his parents want to give him the car, can they wait to put it in his name until after the divorce? Chances are nothing would come of it - if she (his ex) has a car and he has a car it’s kind of a wash. However if he sold the car they had while they were married and was given a new one then the value may come up in court – it would be silly on her part not to bring it up. IMO It will come up if he took the "family car" and she rides the bus or bums a ride all the time. He may even have to give the car over to her. I think it depends on other factors too. If nothing else I can see it playing a part in his assets.

lawanwadee · Sep 25, 2008, 11:52 AM

Originally Posted by gotto

My brother has been separated from his wife since January 2008. My parents would like to give him their car. If the title of the car was transferred to my brother, would his wife have any rights to the car during divorce proceedings?

If this is not legal separation, better put the title transfer on hold until the divorce is final.

gotto · Sep 25, 2008, 12:03 PM

I do not believe any 'separation papers' have been filed. To be on the safe side, I think I may have the car title transferred to me and let him use the car and transfer title once the divorce is final.