QUESTION
My fiance's ex wife take the truck that my fiance gave to me legally?
Asked on Feb 21st, 2014 on Divorce - Florida
More details to this question:
My fiance is divorced, in his decree he was awarded his truck and bike. His ex is saying he hasn't done everything in the decree (i.e. life insurance pymt, repairs to shed, credit card pymt) and wants to take the truck and bike now, but he gave the truck to me and it’s in my name? Can she still take it or come after me legally?
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, she can't.
Answered on Feb 25th, 2014 at 5:00 PM
Family Attorney serving Seattle, WA
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She can only take the truck if she goes to the effort to prove the transfer to you was a "fraudulent transfer." This is not an easy thing to show and unlikely in the context you describe. Now, keep in mind if the ex-wife is right that your fiance has not honored his commitment to her, under the divorce, he may still owe her some money.
Answered on Feb 24th, 2014 at 8:41 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If the divorce decree granted the truck to the husband, then the husband has the legal right to transfer the truck to you.
Answered on Feb 24th, 2014 at 8:40 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If it's in your name, and the transfer was legal, his ex can't take it. However, if he is in violation of the decree by failure to pay, provide insurance etc. the court can examine the nature of the gift and depending on the circumstances, find that the gift was made to avoid an obligation, in which case the gift can be voided.
Answered on Feb 21st, 2014 at 5:45 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Short answer is probably no.
Answered on Feb 21st, 2014 at 5:39 PM