going thru a divorce will I keep the busa?

[Rongotti]

I havent been posting alot lately since I have had my hands busy doing other things. My wife bought my bike for me last aug, she has better credit than me so we just put it in her name. I have paid all the payments on it for a year now. But she wants the bike since it is "in her name" even though she doesnt even ride. I moved out of the house, left her the mercedes and all the furniture and now she wants the bike. Geeeesh I cant win for losing

 

[mikeo]

That sucks man. You better talk to a lawyer. Since it is in her name I think you are out of luck, but maybe if you can prove you have been making the payments you might have a chance. Divorce sucks. Been there done that 3 times.

 

[NearDeath]

Nope... since its in her name, I have a feeling she may get to keep it, unless your divorce judge says differently... My guess...

 

[si-lo]

Has she ever said to any friends that she bought it as a gift? If she has and you can get them to say so then she could have a tough time saying it's hers.

 

[Rongotti]

well the only thing i have going for me is that florida is a community property state. SUpposedly what is mine is ours and what is hers is ours but only time iwll tell i guess

 

[tedbiele]

Brother its called spite. She's doing that #### to spite your ass. In her name..... its hers. GET A GREAT LAWYER!!! Johnny Cochran RIP!

 

[Devil Dog]

Bullcrap, you only have to prove that she bought it for you as a gift and not her......easy, cause she doesn't even ride. Recently divorced, I know! Good luck.

 

[si-lo]

Community property is just that. If an agreement can't be met the judge can also order you sell and split money. I agree with Ted though. It's all spite. She is just trying to be cruel now.

 

[Devil Dog]

Even though it's in her name....it's your bike!!!  So all the stuff you bought her over the years is yours!!!! WRONG!!!!! 
Fact:  the ring you gave her....is hers!  Not yours!  It was a gift.  Same thing with the bike.....on the other hand, the judge may force you to put the bike in your name or lose it.  If your credit is less than adequate for the loan, then and only then will you lose the bike.  Keep your head UP.



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[soon2be]

I thought that any property obtained while married became joint property, even the debts. Shouldn't have to prove it was gift. Hope everything works out.

 

[A'Busa'd]

Who wants the divorce? If it's you, is the bike more important than your peace of mind? I've been there. I gave up a lot in the process, but it was worth it. There will be another Busa.

 

[#cruncherbusa]

Even though it's in her name....it's your bike!!!  So all the stuff you bought her over the years is yours!!!! WRONG!!!!! 
Fact:  the ring you gave her....is hers!  Not yours!  It was a gift.  Same thing with the bike.....on the other hand, the judge may force you to put the bike in your name or lose it.  If your credit is less than adequate for the loan, then and only then will you lose the bike.  Keep your head UP.

+1

 

[diesel]

kill the #####.

 

[Rongotti]

nahh she is actually bipolar, so I know she doesnt mean the things she says or does sometimes. She actually called me up crying tonight wanting me to come back. I just cant live my life like that anymore. It is tough for me cause I feel so bad for her, and I worry about her hurting herself. Sorry if that was TMI but I am so stressed right now it feels good to actually talk about it

 

[wickedsprint]

If she doesn't have a motorcycle license you might be able to use that as evidence she is doing it out of spite to the judge. Worth a shot.

 

[Devil Dog]

If she doesn't have a motorcycle license you might be able to use that as evidence she is doing it out of spite to the judge. Worth a shot.

Thats it exactly... Its your bike, Put it in your name, if you can.

 

[Devil Dog]

Does the insurance cover her as a driver..it probably doesn't. You're probably the primary driver.....More fuel!

 

[Busa_05]

Bullcrap,  you only have to prove that she bought it for you as a gift and not her......easy, cause she doesn't even ride.  Recently divorced, I know!  Good luck.

In Wisconsin, I think it's relatively the same...common property state. The commissioner may even ask her straight out if she rides, why she wants it, et cetera. I really have no idea about other states. Brother, I hope this gets over with soon and goes okay. It sucks when all you want is one or two things that are precious to you, and the other just wants to hurt you.

God bless the children if there are any.

 

[BusaWhipped]

Brother its called spite. She's doing that #### to spite your ass. In her name..... its hers. GET A GREAT LAWYER!!! Johnny Cochran RIP!

Have to agree with this one.  I was helping a buddy of mine shop for a used bike.  4 out of 5 bikes we looked at were being sold by women who got the bike in the divorce.  None of them even knew how to start the thing up.  Just wanted to make sure the X didn't have any fun.

What it comes down to as far as who ends up with what in the divorce is the property settlement agreement.  Fortunately for me, my X was doing some illegal sh!t which a was able to leverage to keep her from taking things for spite.

Here's a simple test.  Have a fair property settlement agreement drawn up and ask her to sign in front of a notary.  If she insists on having the bike, you know it's just for spite.

 

[BentValve]

kill the #####.