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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 07-27-2019, 02:21 PM
StuckinAB StuckinAB is offline
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Default How Do I respond? Vehicles ordered to be sold?

See below..thank you

Last edited by StuckinAB; 07-27-2019 at 02:25 PM. Reason: edit
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Old 07-27-2019, 02:24 PM
StuckinAB StuckinAB is offline
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Quote:
Originally Posted by StuckinAB View Post
Hello, PLEASE DO NOT QUOTE



In the process of separation, house was ordered to be sold as well as vehicles and Child support ordered. Spousal support will be ordered once house is sold.



The house didn't sell. The wording of the order said " If applicant chooses to sell cars, his must be sold first and the equity transferred to my car, then my car be sold and the remaining equity be transferred to the respondent."
This was ordered 10 months ago.


2 weeks ago. I was served with papers demanding that my car be turned over to him to sell and that he sold his car for the remaining loan balance. I have not seen his car in 3 weeks. Im a stay at home mom and he is considered a high income earner.



Currently he has paid no child support or any of the other orders to pay.



I found out on my own that he got a DUI and his license is suspended and he sold his car right after and bought another cheaper car which he did not bring to the house. Is this relevant information to ask a judge to let me keep my car? Currently child support in arrears for over 20k. Im not enforcing currently bc we still live in the same house.
Thank you !!!!!
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Old 07-27-2019, 04:05 PM
rockscan rockscan is offline
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Why havent you filed the order with MEP for enforcement?
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Old 07-27-2019, 04:38 PM
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Presumably you don't want people quoting you so that you can delete your message?

That's not fair to the lurkers and those who will read the forum later. Just fudge the details slightly, nobody will trace it back to you.

A house can always sell, just not necessarily at the price you want. If you offer the house for 20% below market value it will sell within days, guaranteed. I have a friend who is a real estate agent and he says that usually when a house does not sell it is because the seller has a ridiculous idea of how much the house is actually worth and refuses to budge.

I don't understand the car thing. Why would he get the sell the cars, but you get the proceeds? Why not just sign the cars over the you and you can go ahead and sell them for whatever you deem fair. I feel you are leaving out a critical component of the order.

As rockscan said, if you concerned about arrears, just file with MEP. Unless the order said that support does not start until you guys are no longer living together (which I have often seen ordered).
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Old 07-27-2019, 04:56 PM
StuckinAB StuckinAB is offline
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Mep won't enforce while living in same house.

My question is what the order says and about my car. The judge didn't explain. He just said we were living beyond our means bc we have luxury cars and this is true. I guess to allow him to pay child support and upcoming spousal support.

He didn't give me the equity and is being sneaky. I need my car to take care of my children. Also I will trade it in for something more edonomical but he just want to sell my car.
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Old 07-27-2019, 04:59 PM
StuckinAB StuckinAB is offline
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I agree janus. I would like him to sign over car to me.

I listed all that was in the order.
I was awarded legal fees, child support force sale of house and this car thing.
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Old 07-27-2019, 05:37 PM
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arabian arabian is offline
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I am guessing... both vehicles are financed and bank/finance company has to be paid out first correct?

You are registered with MEP correct?

One of the first things they would do (if you are registered with them you would know this) is place a Personal Property Registry against your ex. This would prevent him from disposing of any items such as cars, boats, houses etc. without paying his debt to MEP (you) first.

I don't think MEP cares where he lives. MEP enforces court orders period.

What is the date the house was to be sold by? Did you get an appraisal done of the home for the court? Did the court set the sale price and approve the realtor?

Interim Spousal Support can be ordered prior to disposing of assets.

Do you have a lawyer?

Last edited by arabian; 07-27-2019 at 05:39 PM.
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Old 07-27-2019, 06:21 PM
StuckinAB StuckinAB is offline
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Yes both cars are financed.

I went to mep and they said they do not enforce being in the same address.

I had a lawyer but since the legal fees were not paid to me I let her go. The only thing left for me is spousal support, which was applied for at the last court hearing but my lawyer "reserved " since he is paying all the bills. Not much equity in the house , the market is bad. There were a few price drops to break even but still no offers.

I have a list pendens on the title. Does that protect me so that I get my arrears at a future date. He is also asking to have it removed from the house at our next court date.

He gives me money for food and household stuff..I didnt really need the full child support. Since he wants my car gone now I do need it and spousal.
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Old 07-27-2019, 06:23 PM
StuckinAB StuckinAB is offline
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How long does it take the get the personal property registry after registering with mep. I will try again with MEP.
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Old 07-27-2019, 07:06 PM
rockscan rockscan is offline
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Something about this isn’t adding up. The judge said you were living outside your means and ordered the house and cars sold. You still live together. You don’t work and he pays the bills. There is a reason why nothing is moving and its because you are holding things up.

Its time to put your big girl pants on and realize your life needs to change immensely. You need to find work, downsize and get out of debt. The housing market is not that bad and I find it hard to believe you can’t sell after “several price drops”.

The judge said it best—you are living outside your means. Now you are waiting for spousal to get on with your life? You are getting divorced. Your ex is not responsible for continuing to pay for your lifestyle. You need to suck it up and reduce. Sell your house, move into something smaller and AFFORDABLE. Sell your car and get something AFFORDABLE. Start thinking about getting retrained or going back to work to live a life that is AFFORDABLE.
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