therapy and reconciliation not working, as a result my leverage is gone

About two months ago, I filed for divorce. The courthouse recognized it two days prior to my husband "selling" his vehicle to his friend for well under book value. We entered couples therapy and about a month ago, where the therapist basically shocked me into returning home with the husband to try at reconciliation. She also recommended I drop the divorce paperwork, which I did. Husband has yet to have the title restored to his name. This vehicle was his previous to our marriage and in community property is another vehicle. Because the divorce paperwork was dropped and the title on his vehicle has not been returned, if i go for divorce again, what options do I have to get ownership of the community vehicle? How do I prove that the sale of his vehicle was fraudulent? I feel confident that he would go for the community vehicle.

I am confused. Did he sell his separate property vehicle or a vehicle that you both owned? If it was his to sell then the sale would not be fraudulent as he is allowed to sell or give the car away if he wants to.

It's my understanding that once the court files the suit to petition for divorce(hope i'm getting that right), property cannot be sold. The property that was sold was his separate property. However, money loaned from my parents and put into our joint checking account was used to repair the vehicle.

By fraudulent, i mean the sale price of the vehicle was drastically lower than the blue book value. Also, if the vehicle is now his friends on paper, and he's still driving it around and basically acting like it's his, i consider that fraud too.

I appreciate the help and hope that this offers some clarification.

The problem you will have to get over is that you withdrew you petition for divorce. As for the community property interest in the car your attorney would have to trace it and your parents would be entitled to repayment on the loan not you. You would be entitled to any money put into the car with community property assets.

Community/Separate Property asset division can get quite sticky as every state has different laws. You will need to get your attorney to figure out exactly what you are entitled to.

I understand that my parents would receive the loan and am concerned only so far as he completes that obligation with them.

As far as the vehicles are concerned, having the lawyer trace the paperwork may guarantee me the community property vehicle, is that right? Or are you saying that tracing the paperwork would only provide me a portion of the sale of the separate property (vehicle sold)? Could it do both?

First, the loan from you parents is your obligation too. So assuming that there is no issue with a legal contract it would be split upon divorce.

Again, I am confused is there one vehicle or two. A separate property asset does not changed into a community property asset unless something is done to change the ownership of the asset such as taking title in both names etc. So unless the separate property asset was changed into a community property asset such as you name is on title then it is still separate property.

The loan from you parents did not come from community wages/earnings thus I see no community property contribution. If there is no community contribution then you are entitled to no part of the car. Thats how it works. If you or your husbands wages were used to fix the car than that would be a community property contibution. A loan from you parents does not stem from the community thus not a community contribution.

Consult an attorney.

There are two vehicles, one is separate property (vehicle 1) the other is community property (vehicle 2).

He "sold" vehicle 1 a few days prior to the court's filing of the divorce paperwork for well under the Blue Book value to his friend. I took the vehicle as collateral for the loan from my parents. They tried to file theft charges against me. Police reports indicate that the investigator felt there was fraud or tax evasion with this and did not press charges against me. Since the divorce papers were dropped, there is technically no ownership now on vehicle 1 in my husband's name, even though "everyone knows" that this is fraudulent. He drives it everyday and does repairs and maintenance on it!

I want vehicle 2, but since he "sold" vehicle 1 a few days prior to the court's filing of the divorce paperwork, what chances do I have in actually getting vehicle 2 because of his actions? The courts will see only one vehicle in our names. How do I ensure that I will be awarded vehicle 2 and have him ordered to remove his name from the title? It's currently financed through a credit union.