Legal Question in Family Law in California
My wife and I are in the middle of a divorce and she has taken my car that I still owe money, is in only my name and I have had since before we even met. She is refusing to give it back until the divorce is finalized in five months. My question is do I have the right to sell the vehicle to a friend or family member and they then report the car stolen. I am in CA and she has run off to Louisiana.
2 Answers from Attorneys
You can't sell it without a court order, but I can think of no reason you can't just report it stolen now if it is registered solely in your name.
I agree with Mr. McCormick. Since you owed the car before marriage it was originally separate property. When you made payments on the vehicle, during the marriage, with money that was earned during the marriage the community starting acquiring an interest in the car. So at best the community has a small interest in the vehicle. You stated the car was in your name alone. Therefore I believe it is reasonable to report the vehicle stolen as you are the only registered owner.
If you sold the car you would be breaching the automatic restraining orders that were put into place when the petition was filed.
Good luck
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
