Legal Question in Family Law in California
My husband leased a car for someone before we were married. Now we have possession of the vehicle, and I am the one that is making payments on it. If we were to divorce, because he leased the car before we were married, it would be considered separate property in the state of California. We also don't want to re-apply to have the lease have both of our names due to our credit. Would we be able to have a document created and notarized saying that since I'm the one that pays for everything for the car (monthly payment, insurance, registration, upkeep), that if we were to divorce, I would have sole ownership of the car? Thank you
1 Answer from Attorneys
The lease you can argue is his separate debt if he leased it before marriage. You probably can ask him to start making the payments on it, since it is his debt. If he does not agree then you would need to take him to court to have the court assign the debt to him and request that he continue forthwith to make all of the payments on the car.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
