Legal Question in Real Estate Law in California

In 2005 I bought a car with my then domestic partner as my co-buyer. We have since terminated our domestic partnership and I have been the only one driving it (we no longer live together). I am still paying the $400 monthly car payment. It has become extremely hard for me to pay for this without putting myself in further debt. I am wondering, if I file a suit against her in California small claims court, will I legally be able to make her pay for at least some of this ongoing bill or for past payments? FYI, I have so little money that it would be impossible to hire a lawyer etc.


Asked on 1/20/11, 1:41 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm going to assume that you were lawful registered domestic partners under California law. The termination of the relationship is legally almost the same as a legal separation or dissolution of marriage in California. Then, the question becomes, what did your termination agreement or order, as entered in the termination proceeding, have to say about this particular piece of property? Or about your partnership property as a whole? My hunch is that if you have the custody and use of the car, you are or will be obliged to carry the burden of the payments, but without reviewing the proceedings and agreements relating to the breakup of the relationship, I couldn't be really certain. If, on the other hand, you were not registered domestic partners but were merely "playing house" together, the relationship itself would be largely disregarded in court and the law between strangers should be applied.

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Answered on 1/25/11, 9:18 pm


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