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  • Need way to go

    I live in Mississippi. My husband was suppose to fix a car for me - title is in his name. He also has two trucks he said he would fix one of them for me. He did not fix either one & has now left me. The car is still at my home, so can I fix it & use it or will he be able to take it from me? I am seeing a psychiatric & a psychologist, but without a way to go I keep having to cancel my appointments. He has always provided me with health insurance so I need to know if he can cancel it or does he have to keep it - it is through his employer. He also has life insurance through his employer. Will I get it if he should die? We have been married for 25 years.

  • #2
    Re: Need way to go

    I wish to inform you that in Mississippi in case of divorce, the marital property assets between husband and wife have to be equitably distributed. Marital Property Assets mean anything which are not considered to be a separate property. Further if there was an agreement with you by your husband to fix the car and you can show this in court then you can fix the car and truck and can argue that you are mainly following the agreement clauses. As regards your health insurance is concerned, that depends upon the husband and his employer contract. The contract can be modified and your health insurance can be removed. Further regarding his insurance amount in case of your husband's death, if there is no other nominated person, it will come to you if you are not divorced because then your status is of a wife and you can be heir to his property.

    AFF

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    • #3
      Re: Need way to go

      Since you made no mention of having gotten a divorce, you would be wise to ignore the previous "advice" that was given here.

      You cannot force your husband to fix the car, but you can call a mechanic, have it come and towed to their garage, and have the car fixed yourself. Bill it to your husband, whether he likes it or not. He's had plenty of time to repair the vehicle and if it is causing you to be housebound, that almost sounds like abuse of some sort.

      You are still entitled to be on his health care if you are married to him, yes. You will get a portion of his insurance yes, if he dies before you, as you were married to him for 10 years or more. You will also be able to draw on his SS benefits once he dies.

      If he has not yet filed for divorce, you are still married and considered legally married under he law, and as such, you are still entitled to be on his health insurance.

      Yes, he COULD come get the car but you need to get it fixed so you can be mobile. It is considered community property anyway.

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      • #4
        Re: Need way to go

        If you have not filed for divorce you can do as you wish with the cars.

        But he can always come and take it if title is in his name. If you file for divorce the court could make some temporary decisions about who gets what for transport etc.

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