Legal Question in Real Estate Law in California

I am recently separated, and my ex relocated to another city about 2 hours away. Both of our names are on a boat's title registration. The boat is located where we resided. Is it possible, and if so what type of restraining order can I obtain, to prevent him from removing the boat from where it is located. He has the trailer in his possession and refuses to return it. I am concerned, based on his past statements, that he will remove the engine if he regains possession of the boat. He is unable to buy me out, and I would like to force a sale of the boat, but do not want it removed from the county I am in.


Asked on 1/07/11, 2:13 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your question is probably better asked under a "family law" heading, or, more to the point perhaps, a topic heading regarding separation and divorce. Boats aren't real estate, at least unless it is a moored houseboat, and even then it would be a very special case.

Nevertheless, I'll start off by giving you my opinion, even though I'm not in that field of practice. In my view, you are probably better served by placing your relationship and your property interests into the hands of an attorney who will handle your entire case -- whether it be for legal separation or dissolution of marriage. This is better than going piecemeal for hard-to-enforce individual protective orders for this-and-that.

A court can divide property in either a dissolution or legal separation case, and will do so to produce a fair overall (equal) split of the community property and debts. Your ex would not dare intentionally destroying any valuable property, as the court would (or should) charge his share of the pot for 100% of the lost value.

Try to get an answer from LawGuru's family law staff for a better answer.

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Answered on 1/12/11, 9:08 pm


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