Legal Question in Family Law in California

Re: Freezing assets to include automobiles?

You really need to consut an experienced divorce attorney. The attorney can demand an inventory and if the automobiles are not on the inventory your spouse will be in trouble.

Reply: Freezing assets to include automobiles?

In a general sense, your husband will owe you a fiduciary duty of good faith and fair dealing. He will owe the community the fair market value if he sells them to a friend at a low price. Also, there are automatic restraining orders in effect when you file for divorce, and you can also obtain specific restraining orders restraining the sale of the specific vehicles.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: Freezing assets to include automobiles?

I agree with Brian. However, I want to go one step further. The automatic restraining orders do not prevent a spouse from selling or using community property to pay for the necessities of life, or to pay their lawyer.

You did not mention if you are presently getting divorced or about to file for divorce. If you have not filed yet, I would try to get all of the information you can on the cars, including year, make, model, vin, and license plate number. I would file along with the petition, an ex parte osc to prevent the sale of the vehicles without Court permission. I would not go about doing this without a lawyer. You may check out my website at www.divorce-legal.net or contact me through this website. I will give you a free consultation.