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Going through a messy divorce......husband is in control of everything, house, money, pays no child support etc...he has been an

New York, NY |

Abuser all the years of marriage, have 3 kids, ,I have left the house with kids, but have visitation in place already, however we owned a family SUV which me and my kids had driven for 6 yrs, he snatched it in the process of filing for divorce, I had asked it in my divorce proceedings, now while we are still waiting for pendente lite, he has sold the SUV and exchanged it for a smaller car, can he do that,.
The SUV was bought by him for my kids and me, I assume it was marital property, can he
Still do that.?

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Attorney answers 4

Posted

He should not have sold anything after the divorce was commenced.

Domestic Relations Law section 236(B)(2) provides for "automatic orders". These restrain the parties from certain acts. These automatic orders remain in full force and effect during the pendency of the action, unless they are terminated, modified or amended by further order of the court upon motion of either of the parties or upon written agreement between the parties duly executed and acknowledged.

The automatic orders start with

(1) Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney's fees in connection with this action;

They go on to include other assets and health insurance.

As with all legal matters, you should consult with a local attorney who concentrates in the area of law in which you have questions or need help. On-line advice is no substitute for an in-person attorney consultation.

ANTHONY BUONO
Attorney at Law
Valatie, New York
518-758-1979
www.AnthonyBuono.com

The information offered at this website is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice regarding your individual situation. This answer does not create an attorney-client relationship.

Posted

You're discovering the perils of trying to handle a divorce without an attorney.

No, he was not permitted to sell the car. But he did.

What will your response be?

It should be to contact a local divorce lawyer and discuss your situation in detail.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

Posted

As counsel indicated, your husband has violated the automatic stay orders. Whether he can or cannot do it is not the question here. He actually did it You need to consult with an attorney and advise the court of your husbands violations. The longer you wait, the more you risk dissipation of additional marital assets. Feel free to contact my office to discuss your matter.

Michael Colin Barrows, Esq.
BARROWS & TEHRANI, PLLC
Attorneys at Law
369 Lexington Avenue, 2nd Floor
New York, New York 10017
Tel. (646) 237-7850
Fax. (646) 619-9312
www.BarrowsTehrani.com
www.NewYorkDivorce.info

Posted

It sounds to me like your husband has no respect for what is "right" or "fair", and he is taking advantage of the situation. You need to immediately hire experienced counsel to rectify this situation and have him held accountable for blatently disregarding court orders, to your detriment as well as your children. I would be happy to help you make sure you get the relief you deserve and make sure your rights are protected. Please feel free to contact me for a free telephone consultation.

Rachel S. Silberstein, Esq.
The Law Office of Rachel S. Silberstein
11 Broadway, Ste 615
New York, NY 10004
646-470-0780
Www.rssfamilylaw.com

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