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Middle of divorce can he still buy a new vehicle without consequences?

Reading, PA |

My boyfriend got his truck repossessed which has both his name and his soon to be ex's name on it. He couldn't afford it anymore due to him court ordered paying her spousal support. And since she keeps contesting the divorce, we're not going to keep wasting money for a lawyer since nothing has been taken to the judge and therefore the case will be dismissed for prolonged inactivity anyway. He is going to try buying a 'beater' car from a private dealer. Will that affect him in anyway with marital property if the divorce ever gets to hearing since it will have his name only on the car? He was forbidden from trading in his truck or any real/personal property according to her counterclaim and she doesn't want the truck yet she refuses to sign off it so she could sell it back to the bank.

Attorney Answers 2

Posted

As a general rule, marital property includes only that property acquired from the date of marriage to the date of the filing of the petition for divorce. Thus, as a general rule, property purchases after the filing of the petition will not be considered a joint marital asset subject to distribution.

Note that there are exceptions to the general rule. For example, if joint marital property is sold to obtain funds to purchase the new vehicle, then arguably the vehicle is still joint marital property.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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Posted

Attorney Millar gave you an outsanding answer, the only thing I would add would be that there may be a provision regarding a financial restraining order during your divorce process be cautious of that.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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