Legal Question in Family Law in California

Re: co-buyer on a car loan

This advice is generic. I'm sure there are other factors that would help more fully satisfy a response.

You can't just take the car. You need to either come to an agreement with your spouse in writing as to what you are going to do with the car, or you have to get an order from the court. (He can't just take the car and not pay, either, but this happens all the time. I hardly see anyone get in trouble for doing it.)

But let's say in the meantime, he takes off with the car. Yes, you are responsible for the payments (and so is he but it sounds like he doesn't care about his credit) because your name is on the loan.

However, if there is other property that you both own that could be sold to satisfy the debt, or if you own a house and payment for the car could come out of the equity in the house, you could pay off the car. If he keeps the car, then you get an offset.

Re: co-buyer on a car loan

I would advise you to go ex parte and let the court know of your concerns, and perhaps get a preliminary property division regarding the rights and responsibilities of the car. Contact me directly.