San Leandro, CA asked in Divorce for California

Q: My spouse and I are separated , but it is only in her name because I have bad credit. Can she take it?

I paid for the car and pay the car notes, but now that she just filed for divorce, she keeps threatening to take the car because it’s only in her name.

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1 Lawyer Answer
Angelina Bradley
Angelina Bradley
  • Monterey Park, CA
  • Licensed in California

A: When was the car purchased? When we’re the payments made?

If all during the marriage, and payments made with employment income, then regardless of title, it’s community property. You could keep the car and pay an equalization payment to her for her share of the value.

If possession of the vehicle is at issue, you should file a request for order for property control. Head to your local family law facilitator’s office for assistance, or, reach out to an attorney to help. If you’re just looking for help with the paperwork, I can assist in drafting. Just reach out.

Good luck.

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