Can the court give my ex a car that i acquired after the filing date?
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Can the court give my ex a car that i acquired after the filing date?
Recently found out that the court gave my car to the ex in the divorce. The
purchase of the car happened months after the filing of divorce. It says that im
granted all property i acquire after the filing date. Wouldnt that include the
car?
Asked on April 12, 2019 under Family Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you bought the car with money you had acquired prior to the filing date (or by trading in a pre-filing car), or there is evidence that you actually had the car pre-filing but delaying finalizing the sale until post-filing to defraud your spouse, then the court could award it to her, since the actuality is that the car was a pre-filing acquisition in these cases. (If the money or trade-incar you used to pay for it was owned pre-filing, then the new car takes its place as a pre-filing asset; otherwise, you could defeat the intent of the court's order by simply using pre-filing assets to buy new assets post-filing.OP
However, if it was truly acquired after filing using post-filing money or assets only, then you are right: the car should be yours. In this instance, you would seem to have good grounds to appeal the decision.
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