Silverton, CO Divorce Law Firms & Lawyers

From these facts, it does not sound like your husband had title to the car, in which case he did not have authority to give it to anyone. If title is solely in your name, I would make a demand for a return and let them know there is criminal accountability if they refuse. If title is in both of your names, the issue is one for family court.

There are several things you can do to keep the home as your separate property in case of a future divorce. You could have any future spouse sign a pre-nuptial agreement disclaiming any interest in the real property you owned prior to the marriage. You should also avoid adding your spouse to the title or to the loan obligation in case of a refinance. You should also make the payments on the mortgage and property taxes and upkeep on the home from a separate bank account. Even if a spouse is not on the title to real property, and even though the property is purchased and owned prior to the marriage, they may have a claim on a portion of any increase in the value of the property if they contribute to the increase in value (improvements) or if their income goes into a joint account that pays expenses associated with the property.

The best way to protect your 401k would be to have a pre-nuptual agreement that specifies that your 401k is separate property in the event of a divorce. If you don't have a prenup, there are a few things you can do to protect your 401(k) from being awarded to your soon-to-be former spouse. First, stop making voluntary contributions to your 401(k) as soon as you are legally permitted to do so. Consult with a family law attorney in your jurisdiction before taking any action, but stop contributing as soon as you are legally permitted under the divorce laws in your state. Divorce cases can drag on for years, and I many people become unhappy that contributions made long after their separation are still considered marital property. Another way to preserve at least some of your 401(k) is to push to exclude the funds that were in the account before you were married. This depends a lot on circumstances and state law, but many people don't realize that it is possible to divide only the funds that were contributed during the marriage and leave the pre-marital portion to the spouse who earned it before the marriage. Maintain your 401(k) account records carefully so you can easily prove how much it was worth before you walked down the aisle. As with so many things in life, thinking ahead and being thorough can make all the difference in determining whether you keep your 401(k) after the divorce. The process for protecting an IRA would be the same.