Husband & I married 6 years..in 2014 he signed title of his truck to me as he had DUIs and did not want to reinstate license or get breath monitor he was ordered to get...he has filed for divorce and states I am using truck illegally as it is still his, but I have registration, tag and insurance in my name only...we also purchased a finance car in 2016 and is in both names....he could not purchase that car alone because he has suspended license....Is he entitled to the truck in question?
The truck and the car are likely both marital property. The truck is an asset and has value. The financed car is likely a liability, meaning that you owe more money on it then it is worth. The parties in a divorce could look to some type of equitable distribution of the marital property. It wouldn't be fair for just 1 person to get a free and clear car while the other gets a car payment. These are the types of issues that you need to consult with a divorce lawyer about and hopefully work out during the divorce process. But, it certainly isn't accurate for him to say that the truck is his and you are using it illegally.
The truck is considered marital property and is subject to equitable distribution. You can work it out by way of settlement, or have the judge decide how to equitable distribute all of your marital property. I strongly suggest that you retain an attorney or at least consult with an attorney regarding the specific facts of your case so that you have an understanding as to what equitable distribution is and what you can expect.
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