Legal Question in Family Law in California
automobile in divorce
I purchased an automobile in my name only in 2005 due to my husbands bad credit. I used $10,000 out of my equity line on my home for a down payment. This equity line of credit is also in my name only of which I am still responsible for. The equity line is on a house that was paid for before our marriage. The payments for the car have been taken out of my account by auto deduct each month since I purchased the car. He left 3 weeks ago and I received divorce papers yesterday. He has the car. Do I have to legal right to go get the car from him? It is still in my name and I still have the $10,000 to pay back on the equity. And does he have any rights to the car since it is in my name only and payments have come from my account?
2 Answers from Attorneys
Re: automobile in divorce
It is generally best not to exercise self help in obtaining the return of property. You should seek an attorney who can file a motion to have the vehicle return or advise you that you should wait until the divorce is final. Good Luck, Pat McCrary
Re: automobile in divorce
Based on the facts you have given here, the car belongs to you. While you are entitled to the car, it is best to retain an attorney and go through the court.
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