My spouse who is the plaintiff for the divorce sold the car which is in his name... this is personal property is it in violation

Asked about 1 year ago - Stoughton, MA

He assaulted me and has 3 counts of assault and battery domestic. he then filed divorce after I got a no abuse order and had me vacate the home..... he sold the care which is personal property is he in violation of the restraining order for divorce.

Attorney answers (3)

  1. Kathleen Ann Black Reynolds

    Contributor Level 11

    4

    Lawyers agree

    Answered . Upon filing and serving of a divorce complaint, a restraining order is placed upon both parties: they are prohibited from doing anything with the marital assets. For example, neither party can deplete their retirement accounts (though they can use some of the funds to hire an attorney) or sell cars/jewelry/etc., nor can either party create additional debt. While he may be in contempt of the RO, the assets and liabilities will be equalized when you are finally divorced. An experienced attorney will advise you and advocate for your interests.

    The information provided here is not to be constituted as legal advice, and no attorney-client relationship is... more
  2. Henry Lebensbaum

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It is!

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  3. A J. Williams

    Pro

    Contributor Level 15

    Answered . It depends on the reason for the sale. While neither party is supposed to make haphazard changes to the financial position of the parties, if he needed the funds to pay for his criminal case or the divorce, a court is unlikely to make a deal out of this.

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