Can My Wife Sell The Vehicle I Use For Business If It Is In Her Name?
|Wednesday, 05 September 2012 00:00|
My wife owns a truck, though I am the primary user since the truck is essential to me making a living as a construction worker.
We are heading for a divorce, and my wife wants to sell the truck.
Can she do this even if it is in her name knowing that selling the truck will severely impact my employment?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia divorce and property laws where I am licensed to practice.
If you have filed an action for divorce and your wife has been served, or if she was the one to file for divorce, my state's divorce laws provide as follows:
After a petition for divorce has been filed, no transfer of property by either party, except a bona fide transfer in payment of preexisting debts, shall pass title so as to avoid the vesting thereof according to the final verdict of the jury of the case.
Further, my state's divorce laws provide that pending the final determination by the court of the right of either party to alimony, neither party shall make any substantial change to the assets of the party's estate except in the course of ordinary business affairs and except for bona fide transfers for value.
Divorce Resources:State Property Division Laws
Once you have filed for divorce and obtained service on the other party, the answer is no, she cannot sell the truck, at least where I practice.
Doing so would be in violation of my state's laws and what is called the domestic relations standing order of the county in which you filed your divorce action.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.