Los Angeles, CA asked in Divorce and Child Support for California

Q: My separated spouse is threatening to take my car away leaving me no way to work or take our children anywhere. Can he?

He moved out Aug 7. We made an agreement on who’s paying what. He didn’t give me the $ for rent. He knows I can’t pay the bills. He’s spending $ like crazy and has only given me $45. Now because of his erratic behavior we are divorcing and he’s going to take my van. I have to a car for my job. Also we have 3 kids. It’s in his name only (financial abuse).

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry you're going through this difficult situation. Your spouse cannot simply take your van without considering the legal implications, especially since you rely on it for work and caring for your children. It's important to document any agreements you've made and the financial support he's failing to provide.

You should reach out to a family law attorney who can help you understand your rights and possibly secure an order that ensures you retain access to the vehicle. Additionally, you might consider contacting a local legal aid organization for support if you need assistance finding affordable legal help.

In the meantime, gather any evidence of his financial abuse and your dependency on the van. This information will be valuable in court to demonstrate the necessity of keeping the vehicle for your livelihood and the well-being of your children. Taking these steps can help protect you and your family during the divorce process.

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