Summary
In Indiana, property division follows equitable distribution, not necessarily a 50-50 split. If the vehicle was acquired during the marriage, its considered marital property. The court may consider financial disparities when dividing property. If your husband earns significantly more, the court could potentially order him to pay for the repairs. You should file a motion in court explaining the situation and consult your attorney for tailored advice.Full Conversation
I am in middle of a divorce and my husbands daily driver vehicle is a truck in my name and mine is in his name. The one he drives has broken down and needs major repairs so he just took the one I drove. Is he responsible for the repairs on the truck that broke down
Hello Dannielle, the responsibility for repairs may depend on your location and the divorce agreement. Could you please provide me with your current location so I can give you a more accurate response?
Indiana and the divorce is not final yet
In Indiana:
- Property division is subject to "equitable distribution". This doesn't necessarily mean a *-* split, but what is fair and just.
- If the vehicle was acquired during the marriage, it's considered marital property.
- Responsibility for repairs would typically be addressed in a temporary order during divorce proceedings.
You should consult with your attorney for advice tailored to your situation.
There is not something in place if you were the one driving the vehicle daily you are responsible for the repairs. He makes triple the money I do
In Indiana, the court may consider each party's financial situation when dividing property. If your husband earns significantly more, the court could potentially order him to pay for the repairs. It's best to discuss this with your attorney.
I paid for all the upkeep on the other one and he just took it and left me the broken one cancelled the insurance and didn't renew plates because it's broken so I will have extra fees there too
In Indiana, it's best to:
- File a motion in court about the situation
- Explain your financial disparity and the unfairness
- Ask the court to order him to pay for the repairs
You should consult your attorney to pursue this.
Thank you
You're welcome, Dannielle! If you have any more questions or if there's anything else I can assist you with, feel free to ask. Good luck with your situation.