Will a judge grant me ownership and all rights to a car that is not under my name in divorce? 2 Answers as of June 22, 2011

My ex husband refuses to sign off the rights to a vehicle that I have been making all payments for, including the vehicle insurance. Can a judge give me the car?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
The Judge can give you those rights to the car, but there are a lot of facts missing in your question. Consult with a divorce lawyer with the specifics. Good luck.
Answer Applies to: New York
Replied: 6/22/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
All assets which were acquired during a marriage are subject to equitable distribution as marital assets except in certain cases (such as gifts and inheritances). If the car was purchased during the marriage, you could gain it even if it is under your ex-husband's name. If your ex-husband owned it prior to the marriage, it may be a more difficult situation. The fact that you have made all payments on it including the insurance could work in your favor to "win" the car, but there is no guaranty.
Answer Applies to: New York
Replied: 6/22/2011
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