Legal Question in Family Law in California
I got a restraining order before the my husband filed for divorce. Within that restraining order I was given exclusive use and possession of our vehicle. Later on my husband told me via text to Keep the truck. After finding out the truck was gonna be reposessed, I turned it in and let my mom use it as part of a trade in for her to get a new car. Now one, I am being told I could not do that. And two my husband has brought my mom in as a joiner. My question (one of many) is does my restraining order supercede the TRO involved in the divorce action. Also when he told me to keep the truck, can that be construed as a contract? Thanks for your assistance and have a lovely day.
2 Answers from Attorneys
There are a few issues. Even if your husband told you via text to keep the truck, (hopefully you still have the text), that was only for your use, not to dispose of. The reality is, that although you appear to be in violation of the automatic restraining orders from the divorce filing, it sounds like the truck was upside down, meaning that you owed more than it was worth. If that isn't the case, and the vehicle had value, since it was used as a trade-in, you would be responsible for 1/2 of that value.
BARRY BESSER
www.besserlaw.com
Nothing but a further court order supersedes the TRO in the divorce action. You are in contempt of court and your mother has received community property illegally. You should consult a family law attorney right away.
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