Ready4theEnd Posted July 8, 2009 Posted July 8, 2009 My wife and I live in Arkansas and have been married for 4 years. 6 months ago we purchased a 2001 dodge truck and titled it in her name only. Now we are in the very early stages of divorce. Our home, land and truck are all paid for. Nothing owed on any of it. I told her she can keep the house, land and all furnishings but I want to take the truck and go to Alabama to get my new life started. Job, apartment, etc. while this process is underway. She says since the truck is in her name if I take it she will report it stolen and I will go to prison. Arkansas is an "Equitable Distribution" state. Here is an exerpt of what the Arkansas Legal Aid swebsite says: PROPERTY DISTRIBUTION: Arkansas is an equitable distribution state. Marital property is property acquired during the marriage by either spouse. All marital property shall be distributed one-half to each party unless the court finds such a division to be inequitable, in which case the following factors shall be taken into consideration: The length of the marriage.Age, health, and station in life of each party.Employability, vocational skills, occupation, and amounts and sources of income of each spouse.Contribution of each spouse to the marital estate, including the services as a homemaker.The property, debt, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income.The federal income tax consequences of the court's division of property.All other property shall be returned to the party who owned it prior to the marriage unless the court shall make some other division that the court deems equitable taking into consideration the above factors. Separate property includes property owned prior to the marriage, gifts, inheritances, and benefits received or to be received from a workers' compensation claim, personal injury claim, or social security claim when those benefits are for any degree of permanent disability or future medical expenses. [based on Arkansas Code 9-12-315] The way I read it is that even if it is in her name only, it was aquired during our marriage, so I am entitled to half of it meaning is is half mine. She cannot report it stolen. Am I reading this wrong? If the judge decides she should have the truck when that time comes, I will return it as by that time I should be on my feet and able to purchase something else. Any advice or help is greatly appreciated.
Thaddeus Posted July 8, 2009 Posted July 8, 2009 Unless there are Arkansas legal types on this board, you're best off discussing this with your attorney.
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