Legal Question in Civil Rights Law in California

My question is: Do I have any rights? My husband and I are separated, and he took my car, and the registration is in my name, so is the car and insurance. The police say since I bought the car when we were still together it is common law and I have no rights in getting the car back unless he gives it to me. I have been making the payments, and he doesn't even have a valid drivers license. Do I have any rights to get my car back?


Asked on 10/30/10, 11:21 am

1 Answer from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

Yes, go get your car anytime you can and hide it until you can go to court and ask for a temporary order awarding you teh car. The police told you it was community property becaus it was purchasedf during the marriage, but this does not mean you will not win the car in court. You have an equal right to the car, so just go find it and drive it away!

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Answered on 11/05/10, 11:43 pm


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