Did I do the right thing?

jenny2508

SO, my husband and I are not divorced yet, we are not even legally separated.  This is because somewhere in my mind I was hoping that he would grow up.  His truck is in my name, because we were married, and he had such bad credit.  For the past two months he has not made the truck payment or the insurance payment.  He claims that he has no money.  Therefore, I have had to pay which obviously takes away from the money that I can spend on our son.  Keep in mind, that I do not ask him for ANYTHING for our son.  I just ask him to make sure that the truck and insurance get paid for each month.  Last night I went with my brother and took the truck back.  He knew that I was coming because I told him and he pretty much gave it up without a fight.  I have tried to be fair throughout all of this but I think it is very selfish for him to be driving around in a truck that he has not paid for and continue to think that it is ok.  Thoughts???  TIA!

FyreFlyeRush

Uh....yeah, I'd say that one was a no brainer. I'd have done it. Boys are stupid.

jenny2508

I could not agree more with that statement...:-)  Thanks!

mdotm0904

FyreFlyeRush:

Uh....yeah, I'd say that one was a no brainer. I'd have done it. Boys are stupid.

ALL of this!! And get you a CLUB for your steering wheel just in case he tries to be an asshat and come take it back from you.

PrincessFiona9

It's in YOUR name, YOU pay for it...I would say it's YOUR truck. There's nothing he can do in the eyes of the law either. I agree with getting some kind of club so he can't steal it. Or if you don't plan on driving it, park it somewhere he won't find it. Or even better, sell it!

appylovee

I would have taken it back, It's in YOUR name, and under YOUR insurance, and could also ruin YOUR credit. Good job! Now try to keep it blocked in or something, so that he can't try to take it back. Make sure if that happens, to report it stolen. In the state of RI (where I am from) It doesn't matter if you're married or whatnot. The vehicle belongs to whoever to whoever it is registered to. I know this from experience.

ashleyvc2

I think you did the right thing, however depending on the state you live in it may be considered his anyways.  My state is a equal distribution state.  If something is purchased during marriage, it's marital property, no matter who's name is on it.  Since he gave it to you willingly....that's good.  However if he knows the law and that is the case then he could get the truck back.

jenny2508

Thanks everyone!  I am actually selling it to a used car dealership on Friday so all should be taken care of by than.  Thanks again!

CFjo2010

Since you're not legally separated, the truck is community property and you're allowed to take possession of it. However, it is STILL community property.  After you sell it, keep copies of EVERYTHING and be prepared to have to fork over half of the sale to him eventually.  Depending on your State and how long you were married, he'll be entitled to half....

jenny2508

We did not OWN the truck yet, we still owe money to the bank.  So I am not keeping any of the money that I get for it, it is going right to the bank where the loan is from.  I would still owe him half????

appylovee

No, you shouldn't. You're not receiving any of the money. Also it depends from state to state. Like some PPs said in their states marriage makes everything community property, but in other states ( like the one I'm from) it belongs to the person it is registered and insured to.

CFjo2010

jenny2508:

We did not OWN the truck yet, we still owe money to the bank.  So I am not keeping any of the money that I get for it, it is going right to the bank where the loan is from.  I would still owe him half????

 

You won't owe him half of the sale if the $$ went towards paying off the vehicle.  Again, depending on your State and how long you were married, the truck could have been community property.  However, the debt owed on the truck would also be community property.  So basically, you did him a favor and paid off his 1/2 of the debt on the truck (assuming your State is a community property State).

But still keep all the paperwork and receipts.  When things finally go to Court, you might be able to get a "credit" for any portion of the truck debt that was paid that may have been his.