Legal Question in Family Law in California
My wife and I have been married less than 2 years and have been separated for most of that time due to her abusive behavior towards me. I foolishly moved back in with her a month ago, believing things were better but I was very wrong. Our marriage counselor doesn't seem to focus on the abuse but more on how I can make her feel safe and thinks I should move back with her. I will not do this and have suggested she see a counselor who specializes in abuse etc. Now my wife is threatening divorce again and has taken the keys to our newer car (payments in both of our names) and has threatened to take the car I am driving. (an older car in her and her mothers name) We are both in our 20's and I don't earn as much as she does so I have no way to afford another car or have any other means to get to work (1+ hour commute) if she follows through on this threat. (I believe she will) She may ultimately file for divorce, but in the mean time, what are my rights regarding the car that is in both of our names. Can I tow it and get a key made? Can she call the police? I just need a way to get to work. I will settle for the older car, but I don't seem to have any leverage.
Thank you
1 Answer from Attorneys
If you want to be able to drive the car, then you'll have to get a court order allowing you to drive the car. Techincally you are both on title to the car and have equal rights to it, however you don't want to be put in a situation where you are calling the police on each other, or fighting over the car. That could result in real violence and a dangerous situation.
You should file for divorce if you believe it is inevitable, and then seek a court order that the temporary driving rights to the car be assigned to you. You will both need to figure out how you will split up the car, since she can't take it without giving you a financial settlemen for the car.
You may want to consider asking for spousal support if she makes more money than you so you can equalize the financial parity of both of your circumstances.
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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