Depends on where you live.. if you are in a community property state then the courts will decide who gets it.. or they may make you sell it and split the cost.
You really need to discuss this with a lawyer, they will know what type of state you are in and what could happen.The truck that I am driving is in my husbands name we will be splitting up can he just take the truck from me?
Dang you need to consolidate all your questions into one and send it to an attorney!
Depends on the rules of the state that the divorce is obtained in
no if he gave it to you as a gift then no but i would run to the dmv and get it changed asap
Without question!
put it in your divorce papers that you want the truck and anything else it is community property and will have to be decided by the courts
depends on how good your attorney is, but in short YES
If it was a gift then why isnt it in your name. He can always take it back if it is in his name. Or you can fight over it in court.
If it was a gift then you will probably end up with it....but you may need to prove it.
Trust me on this one as i know first hand. It doesn't matter if everything is in his name and you've never worked a day in your life, IF IT WAS ACQUIRED DURING THE MARRIAGE, then its 50/50 on assets. It would be better for the both of you to decide who gets what otherwise it will be in the hands of the attorneys and judge. Nobody wins if that happens. Good Luck. Only things that each other owned before the marriage will be excluded.
Depends on what the lawyers hash out in court.
That will have to be decided upon by you and him, the lawyers will put in on paper and after the divorce is final the truck will be signed over to you.
If it's in his name, the it's his property. Doesn't matter if he said that it was a gift. I mean, if he had really meant it as a gift then he would have put it in your name!
I'd say give the truck back asap. Before he claims you stole it or something crazy.
He can say anything but if you don't have it on paper and especially if its is in his name only... yes he can just take it and leave you high and dry. Now if your name is on it as well he can not take it. =-( I would suggest that you hire an attorney fast as possible before he does take it... If he has another vehicle the judge can make him give you one of the two (especially if there are children involved) but im sure you would have to take over payments on it.
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