Legal Question in Family Law in California
I was married for 2.5 years and my husband left. He took two cars while I was away and all the money we had. I was left with our two year old daughter and over 4500 dollars in debt. I filed for dissolution after 2 months of not hearing from him. in the paper work i "awarded" him the two vehicles that he had taken and the first 30 days response period expires on the 6th of July. Today i saw his mothers boyfriend driving one of the cars that is still in my name. They have a poor driving record. i have consistently remained cordial, despite friends and families suggestions to go and "steal" the vehicle back. what do i have the right to do to get this mater resolved so that I am not in danger of being held responsible for someone elses stupid mistakes?
3 Answers from Attorneys
I would get an attorney, or talk to the family law facilitator in your area, and amend the paperwork. I would not give him anything. I know you are hurt and want to just put the whole thing behind you, but you have a daughter you have to take care of. Even if you don't drive the car, you can sell it and get yourself out of debt and on to a better life, right? You can take the car, but not by force, and if the police have to respond to a disturbance, that may be another issue. Another thing to consider is that until the court issues custody and visitation orders, he has just as much right to your daughter as you do. I would let the courts settle the matter with the cars and keep yourself out of harm's way.
You really need an attorney on this one, and I try never to say that. As the owner you are still legally responsible for any accidents caused by your cars. And that's just for starters. You need to get into court and get some orders in place to protect you RIGHT away.
If you really don't want the cars, and you don't want to be responsible as the owner when they cause an accident, then you will have transfer title to him.