We have been living separately since 2010. Since then , he kept our new SUV and I am driving a sedan. Both cars are paid off. Now, at the time of divorce I want to get the SUV. We have two kids and they will be living with me and he will have standard visitations. What are the chances that the judge will award me the SUV? What will happen if we fail to reach an agreement on this. Can judge order the car to be sold off? If he has been driving it since last 4 years, is judge going to award it to him?
The temporary orders are already set. We have a final trial in 2 weeks.
Family Law Attorney
You file for divorce. You can include in your divorce petition a request for temporary orders. Set it for hearing, serve him. You make your argument to the Judge about the division of property and debt that you believe is just and right both on a temporary basis, and at trial.
This does not establish an attorney/client relationship
Lawsuit / Dispute Attorney
If you and he can't agree, then it could go either way with the judge letting him keep the car he's been driving for 4 years or giving it to you. I doubt it'll be ordered sold. Do you have an attorney? if so, ask him/her. Your lawyer will know more about the case and the particular judge.
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
Child Custody Lawyer
I agree with the prior responses. The Judge can award the SUV to you or him. In addition to the fact that he has had possession of the vehicle, the Judge may consider who has been making the payments on the vehicle (if there was a loan), the approximate value of the SUV versus the sedan, the division of the other assets and debts in the divorce, and whether awarding you the SUV is appropriate to equalize the property division (if you asked for a just and right division). If you are going to trial in 2 weeks and plan to represent yourself, I would at least consult with an attorney to further discuss your case in detail and information to present at trial. Good Luck.
This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship.