Legal Question in Family Law in California

Re: auto settlement

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NOW, IN RESPONSE TO YOUR INQUIRY --

How property is titled is just one piece of evidence in determining its characterization as community property or not. More definitive is evidence of when the property was purchased, where the down payment came from, who has been making the payments, who has possession and control of the property. You are entitled to equal division of all community property.

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Re: auto settlement

The two prior responses were correct, as far as they went.

You will need to file a motion to join the sister to the divorce, claiming that she is holding property that you claim belongs to the community. Then you can serve her with discovery rquests (how and when did she pay for the car), possibly allege breach of contract (she contracted to allow you to use her credit to buy your car)and also make her subject to the court's orders (give him his car).

Re: auto settlement

The car in her sister's name may be difficult to prove is yours without other evidence. The one in your wife's name, however, is probably community property, so you or your lawyers will have to work out an equal division of the community property.