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divorce property... can spouse abandon spouse?

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  • divorce property... can spouse abandon spouse?

    in pennsylvania can spouse abandone spouse and take car only titled in their name?

  • #2
    re: divorce property... can spouse abandon spouse?

    Originally posted by kjk138 View Post
    in pennsylvania can spouse abandone spouse and take car only titled in their name?
    One MIGHT be able to assume that a vehicle titled in only one of their names belongs to that one person ONLY. The exception might be if the other spouse can prove that marital funds went to pay for that vehicle. If, however, the vehicle was owned by the spouse free and clear prior to the marriage, then that would be considered their own separate property and not subject to division of the marital assets.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      re: divorce property... can spouse abandon spouse?

      I wish to inform you that in Pennsylvania all property created during a marriage is marital property even though it may be in the name of one spouse. The marital property is divided equitably between the spouses by the court.

      AFF

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      • #4
        Re: divorce property... can spouse abandon spouse?

        Originally posted by kjk138 View Post
        in pennsylvania can spouse abandone spouse and take car only titled in their name?
        In order for a spouse to have committed abandonment in Pennsylvania, the spouse must have left the family home for a period of one year, for at least an uninterrupted 12 months, and there must be no expectation of reconciliation.

        If the property was acquired during the marraige it would be considered community property or marital property to be awarded to one or the other during the divorce.

        If you want the car back and to end the marriage, then filing for divorce would be appropriate, followed by a motion for possession of the car pending the final divorce decree.

        Surely there are other issues and property between the two of you that you need guidance on so I suggest a consultation with a family law attorney to protect your rights.

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        • #5
          Re: divorce property... can spouse abandon spouse?

          After the marriage all the property are marriage property and this property equally divide into both wife and the husband after the divorce.

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          • #6
            Re: divorce property... can spouse abandon spouse?

            The spouse can take the car titled their name, but the spouse can’t abandon the other spouse. In order to legally separate they must approach the family court of Pennsylvania and get a divorce order from a competent court.

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