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Divorce Receipt Protect Car Divorce Law
I bought a car from a friend but did not register title into my name. How can I get title and protect my car from claims by my friend’s spouse in their divorce?
For your particular situation, a first step may be to have your friend give you a bill of sale now stating that the sale and delivery of the car took place 8 months ago, along with a receipt. Next, staple a copy of your check or, if you paid by cash, a withdrawal statement/bank statement showing that you took out a couple of thousand dollars at the time of the sale. Finally, both of you should make out affidavits setting forth the terms of the sale, why title was not transferred, and have the affidavits notarized.
Regarding title, your friend probably no longer can give you the title now without court permission. If you’re really worried, have your attorney seek a declaratory order that you are the sole owner of the car, or ask your friend’s attorney to file a motion in the divorce proceeding asking for permission to transfer the legal title to you, since the car is yours.
Make sure your friend and your friend’s attorney check the other spouse’s list of marital property and challenge it if the spouse claims the car is marital property.
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