Q: I purchased a car with my wife and now we are divorcing. She is hiding the vehicle, can I do anything?
Our names are posted on the lease, she's hidden the other fob and does not allow me access to the vehicle. She wants me to sign over rights to her so she can have the vehicle free and clear. I would rather us get rid of the vehicle all together and allow her to finance her own vehicle in her name. No divorce paperwork has been submitted yet. She's being completely unreasonable uncivil and selfish. Is there a way to give up the vehicle or force her to refinance it or basically get my name off of it? It was only purchased about a month and a half ago. Do I have rights to The other key while it's in my name? Is there any recourse I can take? I live in California. She is abusive and if I try to do anything she's just going to call the police and lie about abuse. I don't want to end up in jail or do anything illegal.
A:
In California, you have legal options to address this situation. Since your name is on the lease and you have ownership rights, you can request that the court issue orders during the divorce proceedings regarding the vehicle. You do have a right to access the car, so you should not be denied use of the vehicle arbitrarily.
When divorce proceedings begin, you can request the court to address the car's ownership and disposition. This may involve selling the car and splitting the proceeds or transferring ownership to one party. You can also discuss with your attorney the possibility of seeking a restraining order if there is a risk of false accusations.
Make sure to consult with a family law attorney in California to understand your rights and options thoroughly. They can help you navigate the legal process and protect your interests during the divorce, including the handling of the car's ownership and access. It's essential to proceed within the bounds of the law to avoid any potential legal issues.
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