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Divorce Assets Frozen? Can I trade my car in while going through divorce?

Highland, MI |

My vehicle is falling apart and i still owe for one year. Can I trade my car in for how much I owe, and get a used car with spouses approval? If so What do I need her to sign?

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Attorney answers 1


Generally, divorce cases involve restraining orders that prevent the sale and/or disposition of marital assets. If you have a restraining order prohibiting the transfer of the car then you cannot trade and/or sell the car without a new court order that gives you permission to do so. If your wife approves of you trading the car then you can have her signe a consent order giving you permission to trade the car.

You should consult with an attorney as soon as possible. There may be other considerations that you should make prior to trading the car.

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