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  1. #1
    Join Date
    Sep 2007
    Posts
    29

    Default Is Divorce The Only Option To Protect Family Assets

    I'm in CA & have been separated (not legally) for almost 2 years. One reason we separated is due to my husbands drinking. If he drinks & drives his truck (I know he does), the car is registered in my name (he made the pmts) & he has an accident, can I be sued & is my inherited property (inherited 3 years ago) at risk? Must I divorce to protect mine & my childrens assets? We never purchased a home together. Haven't divorced yet because I'm still holding on to a string of hope. Am I jeapardizing what I have?

  2. #2
    Join Date
    Oct 2005
    Location
    New York
    Posts
    32

    Default Re: Is Divorce The Only Option To Protect Family Assets

    No expert here just some advice. One of my best friends had a drinking problem and would drive even though she couldn't walk. She even let her drunk boyfriend drive. She lived at home and her parents didn't want to lose thier home in the event she killed someone so they threw her out and that was a wake up call. She quit drinking and has been sober for 5 years. Sometimes tough love works.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Is Divorce The Only Option To Protect Family Assets

    If possible, transfer the car to his name. Make sure you have insurance coverage for the vehicle.

  4. #4

    Default Re: Is Divorce The Only Option To Protect Family Assets

    Be sure he is a listed driver. You may want to purchase umbrella coverage.

  5. #5
    Join Date
    Aug 2007
    Location
    California
    Posts
    64

    Default Re: Is Divorce The Only Option To Protect Family Assets

    HI

    I am in CA. California is a community property state. Both partners in a marriage are responsible for all the debts accumulated in the marriage. And if one person skips out, the creditors will come looking for the other spouse.

    You do indeed need to at least file for a legal separation so that if your husband gets into an accident, you don't get sued along with him. If the truck loan is paid off then sign the car over to him as part of the marital property agreement. If it is not then this is a problem because if the loan is in your name and he drives drunk,gets in an accident, totals the truck it will be YOU, not him that the car loan company will come after to pay any unpaid loan amounts over the insurance payoff. If there is an auto loan, then have him refinance it and get you off the loan as part of the property settlement.

    Do not keep hoping that he will change. Move on. Protect your credit, your kids, your assets, and yourself. If he does stop drinking, then you can talk about reconciliation. But if he hasn't stopped while being separated for 2 years, I doubt getting divorced will.

    Bird brain

  6. #6
    Join Date
    Sep 2007
    Posts
    29

    Default Re: Is Divorce The Only Option To Protect Family Assets

    Thank you for the advise. The truck is paid for, but now I worry because he has not paid his insurance & it expired a month ago. Others have told me to divorce before something really bad happens & everything I have is taken away. He leaves me no choice, but divorce. Thanks for your input.

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