Legal Question in Family Law in California

My wife and I are divorcing. Right now, she has no job and I do, which I have to drive quite a ways to. We bought the car when we were married, and I alone am making payments on the car, paying the insurance, up-keep, etc. Part of the $1,500 down payment we made ($1,084) on the car came from the insurance payout on her previous car, which was solely hers; the rest came from me.Since we purchased the car in June, I have been making the monthly payments of $162 and insurance payments of $60 every month. We currently owe about $3,400 on the car. What will most likely happen with the car when it comes down to a judge? Also, she has devalued the car by punching a hole into the AC and releasing the freon in an attempt to sabotage the car so I couldn't get to work (she told my step-son she did this and my mechanic confirmed it). She also recently slashed my tires so I lost a day of work. Will all this factor in?


Asked on 12/28/11, 6:05 pm

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

The threshold question will be what is the bluebook value of the car. If the car is worth about what you owe on it, then there is no actual cash value to divide. If there is a greater fair market value than the amount owed on the car, there may be a claim made by your wife for her down payment plus 1/2 of any community interest in the car if you elect to keep the car.

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Answered on 12/28/11, 6:56 pm


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