Legal Question in Family Law in California
My brother is getting divorced. I just need to find out the answer to 1 question I have. They live with her mother in her house rent free. Married 9 yrs. My brother makes only $14./hr. She owns her own business so she says. She sells garage sale stuff at swap meets on weeksends. They have 2 cars both in my brothers name only and both have loans against them. She drives an older van. She cant refi in her name cuz her credit is bad. They have also filed joint BK. My brother was thinking of turning in his car and keeping the van as it is cheaper and still has 3 yrs left on loan. She is telling him that a divorce judge will make him let her keep the van regardless that it is in his name cuz you cant leave a spouse carless in a divorce. But we cant trust that she will make the pymts and ultimately he will be responsible if she doesnt pay. What are the CA divorce laws on this? Wouldnt she have to refi or he ca take the car??? Thank you
1 Answer from Attorneys
It would be a losing argument if he goes in and says, "my name is on the title, she can't qualify, so it is mine." I have seen judges grant an entire home that the awarded spouse cannot qualify for a loan to put it in their name.
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