can I sell husband's car?
I want to file for divorce. Husband is in rehab and I want to sell car. I cannot afford loan payment and insurance. Do I have to file a motion for modification to do this? Title says either/or so that is not a problem. I will not make any profit from the sale.
No, I would not start selling assets of the marriage. You could get in to a lot of trouble. Even if it is in your name as well it can be seen as a marital asset and subject to division in a divorce.
A motion for modification of what? Is there an order that you wish modified? If you have not begun the divorce process and asked for a temporary order of anything what would you be modifying? Since you are intending to file for divorce I would go and seek help from an attorney n your are as to what can be done in this matter given the totality of your situation. You do not want to be accused of dissipating marital assets by wither selling them or letting them be repossessed. Things have to be done on notice to your husband and to keep you in the clear of acting in bad faith.