Home > Research Legal Advice > Divorce / Separation > Middle of divorce can he still buy a new vehicle without consequences?
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Asked 5 months ago - Reading, PA
FlagMy 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.
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.
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