Legal Question in Family Law in California
I pay, I keep.
Prior to our marriage, my wife and I purchased a boat, seadoos, quads and dirt bikes together with both our names on all the titles. I reimbursed her for the boat and seadoos prior to our marriage, and have made the payments on the quads and dirt bikes myself as we had and have separate accounts. In addition I recently transferred the balance of the quads and bikes to a visa in my name to get a lower rate. She filed for divorce and wants the bikes and a quad for her but doesn't want to compensate me for them. I want to sell them to pay down the card, but she won't sign over anything. What are my options? Small claim cases after divorce?
2 Answers from Attorneys
Re: I pay, I keep.
Generally the person who pays for assets keeps them. But it is the burden of the person who paid to show proof of the payment or a written agreement. If the divorce is pending it should be handled in the divorce proceeding.
Re: I pay, I keep.
Your situation is difficult. The items were purchased prior to marriage. Apparently each of you paid a portion of the cost of the purchase. The remainder of the cost was paid after the marriage. After the marriage all of the income of both husband and wife are community property. To determine the division of these items would require an in depth investigation and analysis. The reality is that all community property is sold. The only question is who will purchase the property. one of the parties or a third party.
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