Can you shield all your stuff in a divorce by titleing it in some one elses name ?

fastfredracing · 11-01-2019, 11:33 AM

No, you knuckleheads, Im not getting divorced.
About 6 months ago, I was offered a G50 Carrera, that was tied up in divorce proceedings . The guy was awarded the car in the settlement, but before the final judgment, His ex, had put the car in her new boyfriends name .
I guess, the story is, that he purchased the car for his wife, and it was 100% titled in her name , so she was able to transfer it out of her name under the radar .
So , my customer , still has physical possession of the car, and the courts have given him the car , but it is no longer titled in his name .
I am thinking that it is too late and he is out of luck , or he has another huge legal battle ahead of him . What do you think ?
I sort of purchased my 930 in a similar situation . He said he was dumping everything right before his divorce .
My wife and I were joking about this last night, and she said if awarded my 930 in a divorce settlement, she would put JC whitney eyelashes, and wal mart hub caps on it ,and let all her new beaus drive it into the ground every weekend , all the while posting FB pics of their fabulous adventures .

unclebilly · unclebilly's Garage

If it was awarded to him by a judge, it’s pretty clear it belongs to him regardless of the title which should be easy to sort out.

Aren’t assets like this frozen during divorce proceedings?

RANDY P · RANDY P's Garage

I'm no lawyer, but it sounds like she is trying to hide assets, especially if it was given as a gift or below value.

At the very least doesn't mean he gets the value of the car since it was awarded to him? Either cough up the FMV of the car or the car itself.

rjp

McLovin · 12:08 PM

He's definitely not out of luck, and it won't be a huge legal battle.
It's a fraudulent transfer that can be undone, but the court will have to issue an order. The DMV won't do anything without a court order.
It shouldn't be too hard to get the order, tho. Esp. if the case is still open. The ex husband just needs to file a motion and tell the judge what happened. It'll easily get set aside, because not only is it a fraudulent transfer, it was done after his ruling. He will not be amused. The ex wife will likely be hit with the attorney's fees incurred by the ex husband in getting the transfer undone, and probably other sanctions.

McLovin · 11-01-2019, 12:05 PM

He should keep that car hidden and under lock and key in a garage! At least until it gets resolved.
Definitely don't want the new boyfriend to have title AND possession.

Sooner or later · 11-01-2019, 12:11 PM

She screwed up.

Baz · Baz's Garage

"she was able to transfer it out of her name under the radar . "

I think this is the key part here. It really was NOT transferred "under the radar" because it was already awarded to your buddy.

I know what you were trying to say - she was being sneaky - or thought she was.

Not sure how to go about getting a new title but maybe your tag office can help and/or the divison of motor vehicles in your state. Make sure you have a document from the legal proceeding naming the car in your friend's name.

sc_rufctr · 11-01-2019, 12:18 PM

During my divorce, ex wife's lawyer thought he was really clever so he over inflated the value of my 911.
I replied, "do you want to buy it?"

They did not reply...

RWebb · RWebb's Garage

Yes, and it sounds like 'illegal conversion' - a tort, and that means punitive damages in the offing.

How much hassle is he willing to go thru? Lawyers ain't cheap but it sounds like a good case to hire one on...

KFC911 · 11-01-2019, 12:19 PM

LOL....Fred ya got me with the title...and I knew better

.

The settlement judged won't be as amused as I was....she be dumber than dumb imo.

greglepore · 11-01-2019, 01:42 PM

Yeah, she's in a world of hurt. If she was aware of the order and transfered the car, that's criminal contempt. If the buyer was aware, he's screwed too.

Will be quick to sort out if he wants to.

Seahawk · 11-01-2019, 01:46 PM

Going through this with a friend of mine.

I live in Maryland so PA may be different. Here, they issue a Judgement of Divorce and then allow a period to file exceptions to the JOD.

Unless she filed exceptions to the JOD, or something similar in PA, it is pretty cut and dried depending on the ruling on the exceptions if she filed. The court ruled on ownership of the Porsche.

Divorce is a remarkable way to transfer dignity and assets.

wayner · 11-01-2019, 02:08 PM

Quote:

Originally Posted by fastfredracing

No, you knuckleheads, Im not getting divorced.... .

I love the opening line

Tobra · Tobra's Garage

If he plays it right, he might get his ex locked up.

fintstone · fintstone's Garage

It is hard to imagine that his wife's car...totally in her name, was awarded to the husband. I would want to be sure that is actually the case and he is not hiding an asset. In a divorce, almost everyone lies. Especially the lawyers. Be careful.

The timing sounds suspect.

cabmandone · cabmandone's Garage

No you can't.

11-01-2019, 04:53 PM

Nope.

Bob Kontak · Bob Kontak's Garage

Quote:

Originally Posted by greglepore

Yeah, she's in a world of hurt. If she was aware of the order and transfered the car, that's criminal contempt. If the buyer was aware, he's screwed too.

Will be quick to sort out if he wants to.

As much as punitive damages, fines, penalties and jail time are pictured as being applicable, it never seems to work out the way you think it should.

I hope she is reasonable and wakes up from being dumber than dumb. Maybe the boyfriend will have some sense and get this taken care of in short order.

john70t · 11-02-2019, 10:18 AM

Quote:

Originally Posted by fintstone

It is hard to imagine that his wife's car...totally in her name, was awarded to the husband. I would want to be sure that is actually the case and he is not hiding an asset. In a divorce, almost everyone lies. Especially the lawyers. Be careful.

^This. He could could be selling you a future repossession and legal problem i.e. receiving stolen goods.
That puddle could be deeper than ya thought.

Title determines ownership right now, until a judge's final paperwork says otherwise.

fastfredracing · 11-02-2019, 11:35 AM

Oh yeah, for sure, I am no dummy. I would not even consider a purchase till all the dust settles , and he has a clean , clear title in his name .
I am pretty sure, that she may have done the transfer before the divorce was initiated . I am guessing that changes the game somehow . But not sure .
Im not really looking for another air cooled, but would be a fool to pass it up if it were to happen .
Thanks , what a mess . Really nice clean Carrera Targa ,( at least last time I saw it ) but has been hiding in a leaky barn for 2 years. The mice have been in it and the brakes are locked up from sitting . Probably needs some good attention .