Legal Question in Family Law in California

Re: Legal rights to property

I don't really understand your question. What divorce papers did you sign? Was the agreement to get a new loan in writing? If you are still on title to the car you may be able to take possession if your spouse has violated the terms of your agreement.

Re: Legal rights to property

The previous attorney's response had some good questions you'll need to clarify. Basically, as long as the judge hasn't signed the final divorce order, you may be able to change any agreements you've made in order to build in more security for yourself to insure your spouse makes the payments as agreed. The basic problem seems to be, however, that while you and he can make agreements and bind each other to pay for debts, those agreements made between the two of you don't bind creditors who didn't sign the agreement. So, if he agrees to pay a joint Visa card, for example, and he doesn't, Visa can still sue YOU for not making payments under your original joint account agreement with Visa. You may be able to turn around and sue your husband(ex) for the money you had to pay Visa, but as you might imagine, this becomes a cumbersome process. Before the divorce is finalized, see a lawyer who can help you sort out the risks associated with not refinancing loans when one person assumes payment and the rest of the issues. It's important to build in security to protect yourself.