D.B.
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if you and your spoyse's name are both on the title of a vehicle....who gets it during or after a divorce? i swear my husband won't put me as sole owner of a car....even if i bought it...because he doesn't want me to leave. when i ask him or tell him i.want it in my name it causes a big fight. he's also told me before when.we separated once before that they are his cars and i can't have any. i don't know what to do!? i even have to ask him if i can hang out with my own friends because i have to ask permission to use one of the cars. i need out and quick ugh
i also cannot spend my money from work on anything except groceries or bills. if i spend $25 on clothes he gets super upset yet he turns around and buys a few tools that are typically twice or more than i paid. the car i have at the moment i bought yet ia sitting in driveway needing repairs he refuses to do and ao he wants to buy me a "new" car but says "what's the difference" when i tell him it will never be.mine since he will put it in his.name.
by the way, i just started a new (min wage) job full time (tomorrow first day) after being a stay at home mom for the past 3-4 yrs and i have no money for a lawyer or anything else much less especially since hubby got laid off a month ago. If i want some money
out of our JOINT account, I have to ask him first and then give him reason enough to let me have the money.
i have TERRIBLE credit...so bad that I possibly could not even get rent out of a "no credit check" place! Ha...not kidding! It is THAT bad. I know for sure i would not get the house as my name is not on the deed. when we signed the contract, we both signed it. the realtor or closing agent realized i had no job and made us sign a new contract and I was not allowed to sign it since i had no job.
Also i have nowhere to stay...at least nowhere that my 5 yr old could stay as well so he would have to stay with my hubby. i really have no problem with that since between his boat repair biz on the side he has and the unemployment he is receiving, he will make more and be able to care for my son more than i could making only 7.50/hr at 39.5 hours (not kidding) a week.
So after a long talk about it all to hubs and almost walking out, he said that to make me feel better about it all, he would get the Tahoe (recently purchased for myself) as well as his Dodge Ram truck put in my name. I told him that was not necessary as I just wanted ONE car to call my own and that i didn't have to ask permission to use all the time.
On top of all that, now he has an ex friend working for him....back story they got drunk around Thanksgiving, got all touch feely with each other and she always made excuses not to hang out with me unless hubby was around and so I quit talking to her period. Now they text, call each other, and he hired her to work at his boat repair shop after knowing I could possibly take a bat to her face because I hate her so much...on top of that she has big fake boobs and flaunts them all the time around him. It makes me all sick to my stomach....literally.
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You need a lawyer, now.
CONGRATS on the new job!!
I googled Texas Divorce Laws...
http://www.divorcesource.com/info/divorcelaws/texas.shtml
Property: Property Distribution: Texas is a "Community Property" state. Community property is all property that was acquired during the marriage. This property will be divided equally (50-50) by the court if the parties are not able to come to an agreement.
You need to go to a W.'s shelter - TONIGHT...they will direct you to a lawyer that can help you get a divorce and away from this control monger...please understand that I do not advocate for divorce...however, if your spouse is this controlling - no amount of therapy will do.
Your spouse cannot dictate to you how you can spend money or if you can or cannot have the car...if the car is YOURS - you BOUGHT IT with your money and while I understand that he is unemployed - Texas is HUGE in hiring right now....so i don't know what he does...or what his excuse is..but Texas is hiring in many things!!!
You need to open an account of your own. With YOUR NAME ONLY ON IT. it's OKAY to stand up for yourself and say I WILL DO WHAT I WANT TO DO....you need to be respected by him...you need to respect yourself enough to stop it...it sounds like you realize you deserve better...I hope you get it!!
GOOD LUCK!!
In California, if you're married, it's 50/50 - if either of you bought it while you were married, it belongs 50% to each spouse. You would need his signature prior to selling the vehicle, but in the eyes of the law, it is 50% your car. Now, I don't know what the laws are like in Texas - it may be different there.
My advice is to go to a good divorce lawyer for a consultation and find out what you need to do to protect your rights in advance of taking any action. Best of luck to you!
run don't walk to a lawyer and get away from this guy. at the least try and get some counciling and then run
Like all marital property it is a 50/50 division. If your name is on the title you can take and use the car. If your name is not on the title and you take it he can have the police take it back until the divorce is final.
You really need an attorney to sort this all out.
Even if your name isn't on the house loan, the house is 50% yours. Texas is a community property state. That means that 50% of everything your husband owns, including his sideline boat business, is yours. So if you have 2 cars, one is yours. Find a legal aid service that helps people who can't afford a regular lawyer. For what it's worth, I understand your pain.
You don't say what state you live in. If it is a community property state you get half of anything acquired after the marriage rather your name is on the deed or not.If he won't give you the vehicle you can make him sell it and split the money.With a child you would probably get the house. You can get a lawyer through Legal Aid.He has no right to control you like he is doing. Take back your life!
You have gotten a lot of advice from the folks here about property, but in terms of your son - take him with you. I know that sounds strange, but I have been dealing with an in-law situation where the mom "walked out" on them - who knows the real reason, but that is what the dad told him for years and the mom says something different - only to say if you leave, your son's father can say anything he wants about why you left. Finances do not equate to good parenting.
Best of luck with your next steps!!
Start putting YOUR paychecks into an account with only your name in a different bank than your joint account. Request your husband ask YOU for money since he's not currently working. Pay only what you must and apply for foodstamps so more of your precious minimum wage hard earned money doesn't get wasted on food and you can save more.
With his boat business and unemployment - he should be able to continue his husbandly duties of providing for his family for the basic bills.
If you are living in a shelter they will help you get an attorney. He sounds very controlling and that would drive me crazy. Please at least make an appointment with an attorney that allows people to have free 30 minute consultation. That way you'll know what the laws are.
You will get a vehicle, even if he paid cash for each and every vehicle in the garage. You will get your personal belongings, they are yours, and he has no claim on your clothing....as for real estate that will be divided by the court if they think that one party is taking advantage of the other or they don't feel the split is equal.
Make sure you have child support if it applies and try to get full custody. Also you may be able to get alimony to help you live so that you don't have to work so hard to just pay rent and buy gasoline.
