Legal Question in Family Law in California
getting divorce need vehicle out of my name
i my wife and i are buying a car that has 7000 left to pay off.the car is in my name but she has had possesion of car and been making most of the payments the last few months since seperation.she cant get or wont get it put in her name because of bad credit and im getting nervous.can i take car from her our have it ordered back to me somehow?and if i take it myself is that legal?my brother said he will pay car off and keep it.please help
david
1 Answer from Attorneys
Re: getting divorce need vehicle out of my name
You cannot leave her without the necessities of life. This usually means a car. She should, however, be paying for any car in her possession. You could give her another car that is paid off or that has lower payments. I would really need more info in order to tell you whether you can take the car away or not, i.e., your relative incomes, whether there are any children and who has custody of them, etc. It might be a good idea to file with the court a request for an order that says she cannot keep the car if she does not keep up on the payments.
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