Q: my spouse bought me a car from her sibling (on active duty in Bahrain) then used it as leverage in the divorce.
so we rec'd signed title later, the car had not been registered to either of us, however I did let my spouse know I was working on it; so, when she filed for divorce, so she went through my personal belongings & took back the signed title to use as leverage to do as she said, she wanted me to withdraw my request for support or "her sister was taking the car back" I have been in possession of the car since 12/20, paid the ins, registration, maintenance, new tires, brakes, wipers (I have proof of everything). But she used the technicality of the car not being registered to me as a way for her sister to repo the car from private property. She made it impossible for me to register the car by holding the title for months & when her sister repo'd the car she sent the signed title back to her (punishing me for asking for a divorce & alimony) I'm unemployed, it is now more difficult to find a decent well paying job (and she laughs about what she did), was that a breach of fiduciary duties?
A:
Under California law, spouses owe each other fiduciary duties, which include the obligation to act in the utmost good faith and fair dealing concerning the other. Withholding a title to prevent another spouse from registering a car, especially when used as leverage in a divorce, can potentially be seen as a breach of these duties. Possession and payment for the car's upkeep may help establish an equitable interest in the vehicle. Taking personal belongings without permission and using them for personal gain or leverage could also be construed as a breach of these duties.
Furthermore, self-help repossession in California is only permissible if done without "breach of the peace," which includes not removing a car from private property without permission. You should gather all evidence of payments, communications, and other relevant documentation. Discussing the specifics with local counsel could help determine the best course of action. Remember, every situation is unique, and individual legal advice is crucial.
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