Legal Question in Family Law in California
Im in the process of a divorce, i have been separated 4months and still paying all the house bills. We have two cars. The car that my wife has is a toyota truck that has 3000.00 left to be paid off. She asked on the court that she wanted it but she doesn't want to make payments. She told me she rather let the bank take it. Can I take it away from her? The truck its under my name and im still making payments but its one month behind. Also she will not give me my property items. I have an ATV and a motorcycle plus tools, workbench, bike.. she wants to keep half. Under our Civil marriage we married under separate propery, what are my rights? can I go in the house and take my items?
1 Answer from Attorneys
Usually these are things you would need to negotiate on, in regards to debt repayment and assigning of property. If she would rather let the truck go back and you would agree to take the car and make the payments, I don't see why she would not agree to that. To get your personal property back, you should make a list and send it to her requesting that you be allowed to retrieve the listed items. If she does not agree then you would need to set up a personal property arbitration in your court house to have a temporary judge decide who gets what of the personal property. Never resort to self help, you will create unnecessary drama.
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/
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