SurvivingInfidelity.com^®

Hi,

I want to know if anyone has dealt with dividing vehicles in D.

Both vans are in wh name.

He has the 2017 and it still needs to be paid for. I have the 2007 which was paid for in cash.

Are both considered marital property?

I'm unable to drive the 2007 because wh contacted the insurance company right after he was arrested for the new charges and removed it from the policy. I needed to discuss something else with the agent and just happened to ask if it was still insured and was told no. It had been taken off and I had been driving with no insurance.

Nice!

This AFTER wh asked dd if I was driving it back in July becauze he didnt want to pay the insurance but did because she told him we were using it. So he took it off out of pure spite!

Anyways, it's now just a lawn ornament and frankly in the way. I need it gone before winter.

Any advice or input on what I'm allowed to do with it or if I have to keep it here?

Also wh was here reading my threads so just be aware of that.

I'm gonna PM you...

I have.

He should go to service ontario and get the forms to fill out.

The vehicle can be put in your name, there would be no need to have recertified, you also won't have to pay the tax.

With the van not being insured now, might make things different. You would still be able to have your name only, but might have to get it recertified road worthy.

When I separated my xh signed off of my truck because it was registered to both of us. His truck was in his name only. Our trucks were similar value.

The courts will want to know the value of both vehicles at time of separation. I think you can get the blue book value online.

I dont want the van. Nothing like driving his sexmobile around. Barf!

Besides it needs more work than it's worth.

He's never going to put it in my name. Hell, he didn't have to screw me over and remove the insurance but he did. I expect he will want to send it for scrap.

If I had the money I'd have it towed to where he's living and just park it in the driveway. Sure as shit don't want it blocking snow removal here although I can park it in the lower driveway but if it's not removed before winter he won't be getting it until spring.

Then again I don't know if it should remain here until the D is final.

I wonder if your lawyer can send a letter giving him a time limit for having it removed, say 30 days from receipt of letter.

You will be entitled to your half of both the vans. It will be blue book value.

You will be entitled to your half of both the vans. It will be blue book value.

Can I then assume that the value of the vans will go towards equalization?

I'm still trying to wrap my head around "equalization" and what it actually means. I don't have any assets in my name, only marital property.

That is exactly what it will go towards.

You value your marital contents. In most cases the divorcing couple comes to an agreement of who is getting what furniture, house goods, electronics, stuff like that. I believe that the children's furniture is theirs.

The property it will be the equity that gets split, if you sell it. If you retain the property then I think you would owe him, part of what the property is worth.

I'll have to wait until he gets a family court lawyer in order to figure out what stuff goes where. Due to the criminal case we cannot communicate except through a family lawyer, mediator or by amendment by court order.

For now I'm just packing up what I know is his and storing it.

That is a good idea, out of sight out of mind.

Keep using the furniture household stuff as normal.

Don't destroy anything, even though it would feel good. It will look bad for court.

Your lawyer should be able to send him a letter of direction to get the vehicle moved. It doesn't need to be sent to his lawyer. He can get it towed to wherever, so that it is out of your way.

I'm definitely not destroying anything and I'm taking photos and video of everything that's getting packed up so he can't say I threw it out etc.

I was told to clean out the house ie. bring in a bin to get rid of stuff. Haven't done it yet but I plan to eventually. Everything that goes will be documented. And it's garbage so not useful. Of course I'm getting the go head by the lawyer before anything is done.

It’s considered marital assets and since they are in his name he would have to sign one over to you before you could do any with/to it. You CAN request it he removed from your property within a certain amount of days. We had all those scenarios written in our divorce decree. When I’m doubt ask your lawyer.

I know it's best to ask my lawyer but I thought I'd ask here as well, see if anyone could provide insight.

I know that he needs to sign it over to me for me to be allowed to do anything with it. Seeing as he lied to the insurance company and had it removed from the policy, leaving me stranded, I highly doubt he would sign it over to me.

In my opinion. I would have him remove it from the property.

I would get the Kelly blue book value on both vans, subtract what is owed, divide the difference and take the cash.

Do not have it removed yourself or it will be your expense, and your stbxwh should have to deal with it.

It really depends what jurisdiction you are located in - the division of marital assets are not the same everywhere by any stretch. Your counsel will be the best person to ask and should know the answer in about 5 seconds.

I'm trying to keep my costs down ie why I asked here. I know full well my lawyer will know what I can and can't do with it. I just dont meet eith him again until after wh gets his paperwork into the courts.

It's the least of my concerns at this moment anyways since things have gone to shit again. The van will be parked at the side of the driveway out of the way.

I am able now to get around so that's a plus. I got help grading the driveway so it's not a pot hole disaster anymore.

I need a break from the constant chaos!

Hey there Dragn. I hope you are doing as well as you can. A virtual hug from me, whether you need it or not.

You definitely should talk to your attorney because laws vary and I am not from Canada and you are.

In my divorce, assets were divided equally by VALUE. We had two cars and a boat. One of the cars was paid off. The boat was paid off. One of the cars had a loan and we owed (I'm making up the values -- I really don't remember) $10,000 on it.

We went to Kelly Blue Book and estimated the value of the cars. There was a similar website for the boat. Car#1 was worth $5000 and so it had a net value of $5000 (paid off). Car#2 was worth $15,000, so it had a net value of $5000. The boat had a value of $5000.

So, she wanted Car#2 so she got Car#2. I didn't really care, so I got Car#1. And that's how we decided we divided the cars.

HOWEVER, we also had to negotiate over our monthly expenses. Because Car#2 had a monthly payment, she claimed that she had ~$600 in monthly expenses that I did not. This is pertinent because the judge awarded her almost that amount in alimony.... because she had a "need" to cover her expenses (the alimony award was less than the car payment).

So... depending on how you want you want to play the game... and the laws are the same where you live versus where I live... you could go for the paid-off car... or the one with a loan. There are plusses/minuses to either approach.

p.s. Also, be careful about how the value of a vehicle is determined. My ex tried to manipulate the value of all of the vehicles in her favor. So... when the time comes... don't trust a damn thing that he says. For example, she fought for a couple of weeks that the boat's value was $15000... before she stopped her gaslighting on that issue.

Hi Barcher144. And yes hugs of any kind are welcome

I guess this is just made more difficult because it feels like the divorce is put on hold while waiting for the criminal court stuff. I dont even know of wh has submitted his court response yet to being served.

I guess once he does, that will get things moving.

In the mean time I'm just taking it one day at a time.

Wh was at the house today. Dropped off stuff for the kids. I was awake at the time but didnt see much from thr house. I need another light at the end of the driveway. Thing is police said unless he comes past the gate there's nothing they can do.

It leaves me really upset because he could come up to the house, break in and kill all of us and no one would know.

I still have to check the cameras.

Notify your lawyer ASAP of what he has done because this is one more form of abuse with him trying to control you and control you even having a vehicle insured to take his children to and from appointments or anything else. I’m going to message you so he can’t see what else I have to say. I’ve worked with Domestic Violence victims, and I have many, many tricks up my sleeve.

Thank you deena04

Awesome Deena04!!!