Legal Question in Family Law in California

I'm going through a divorce, in CA. and my husband bought a minivan, a truck, and a motorcycle. He said on legal papers he left me the minivan, but he has not signed title over. Can he take it from me, and do I have rights to the truck and motorcycle?


Asked on 5/21/12, 10:46 am

1 Answer from Attorneys

Michael Schneider Family Law Center

Generally, as to all property, so long as purchased during the marriage, it is community property and is to be equally divided. It does not matter in whose name title is. So, having said that, if he gives you the minivan, he could take it back, but should not. You could petition the court to order him to give you a certain vehicle that you have always used. Also, so long as the truck and motorcycle were purchased during the marriage with one of your two's earnings, then they are also subject to division by the court (so, yes, you do have "rights" to them). Good luck!

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Answered on 5/21/12, 11:04 am


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