Legal Question in Family Law in California
My spouse and I both owned our own vehicle (outright), but when I asked for a divorce, they decided to sell their vehicle. They then applied for and received an auto loan that was used to purchase a newer, much more expensive car. They are saying that even though I will never have seen the car, the loan is in their name, and this all took place after we agreed to divorce, that it will be considered community property under CA law and hence the newly acquired debt will essentially be split between us. Do I have a leg to stand on or will I end up having to make payment on their new vehicle?
2 Answers from Attorneys
Once you split up without the intention of getting back together, that is usually the date of separation, assuming you weren't still living together or got back together for a "moment". You are not usually held responsible for debts incurred after the date of separation.
If you had decided to get divorced but had not separated, yes, that is community debt. However, in the divorce process, the debt and assets are divided, and in this circumstance the other party most certainly would be awared both the car and the responsibility for the debt. If they then fail to make the payments you can haul them back into divorce court for contempt.
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