Legal Question in Family Law in California
My same sex married (California) partner and I are going to divorce. We recently filed BK, walked from our home and Reaffirmed the 2 vehicles in which the bank holds the note. My question is, How do I protect myself financially and legally in regard to the vehicles? I'm keeping one of the vehicles.. he is to take the other as agreed between us. I'm not sure how this is all supposed to work out? do i need paperwork drawn up and notorized? Can he just decide he wants the vehicle Ive been making the payments on at any time? We both share title and are both on the vehicle loans.. Please help.. thank you!
1 Answer from Attorneys
You need a marital settlement agreement that is incorporated into your divorce judgment. It needs to cover who gets what vehicle and require the other to sign the DMV paperwork to grant sole title to the one who is keeping each vehicle. It also needs to specifically provide that the person keeping each vehicle is responsible for the payments. Unfortunately this is not binding on the creditor, so if he stops making payments on his car, you can be held liable no matter what you do, so you may want some provision for remedies if that happens. Even without such a provision, though, he would be obligated to reimburse you for anything you might have to pay on his car once the judgment is entered.