Quote Quoting SandlingAllDay
View Post
My question involves a marriage in the state of: WA
{Together 18 years, married 10}

At what point does the requirement to maintain bills/not sell assets start?

The divorce has been filed, and a temporary restraining order served, but due to the TRO, he won't be able to be served with the divorce papers until the TRO court date.
He claims to have been talking to an attorney (who he alleges told him that he would automatically get the house, as he backhandedly left her name off of the deed, BUT has her on the mortgage. (we just found this out)

She is worried about him attempting to sell her vehicle (which is apparently in his name only)
Between now and the point he is served.
(he has a key. She's concerned he will just take it while she's asleep, and although she has the title, he has "friends in high places" where he can get a new title)
I advised her to park the vehicle on private property (unowned by either) where it is behind a locked fence or inside the garage, until service.
That said... Am I correct in assuming that legally, he does not have to abide by this requirement until he is served with it?

Thanks in advance!
Hiding the car so he cannot get at it is a good idea on a temporary basis, but she won't be able to hide it while she is at work. The locks can be changed on the car and that might be the route to go. Changing locks on the house and garage are probably a good idea as well, for her own interim safety. If he gets to keep the house in the divorce, then she can give him new keys.

As far as the house is concerned, if it was purchased during the marriage then its marital property. If not, then whatever value and equity accrued during the marriage is marital property.

Since she is on the mortgage she needs to insist that either the house be sold and the proceeds split between them or that he must refinance to buy out her share of the equity and get her off the mortgage.