Will the court compensate me if my spouse destroys my property?

I purchased a vehicle on payments prior to marriage; husband burned up vehicle; now it’s a delinquent debt on me, in divorce trial, can it be ask he consumes half of that delinquent debt?

Normally your premarital asset would be awarded to you as your separate property, and if it’s encumbered by a loan, you would be held solely responsible for the loan,

But because your husband abused and damaged the vehicle during the marriage, if you could prove that he did so without your consent, you might persuade the court to take that into account when dividing the marital estate (the marital estate is the property acquired during the marriage). For example, the court could divide the marital estate less than equally, with you receiving slightly more of the value of the marital estate than your husband does to compensate you for the damage he did to your vehicle.

It is also possible that the court could order your husband to pay the loan balance on the vehicle, if the court felt it fair. the court would have the power to do such a thing, if it felt that fairness warranted or dictated such a thing.

Utah Family Law, LC | | 801-466-9277

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