Can I trade in my SUV for a better mpg car? Divorce not final / No assets discussed yet only custody, visits & support.

When you file for a divorce in CA, or you get served with Summons, Standard Family Law Restraining Orders (as stated on Summons) apply to you. They read, in pertinent part: "...you and your spouse... are restrained from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, ... without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life."

Accordingly, if you get a written consent of your husband or an order of the court - you surely can trade your SUV. Also, based on your described circumstances, it is probably safe for you to trade it in even without the other party's consent or the order of the court. IF this question comes up later, you would just have to show that it was the necessity of your life (i.e., you could not afford gas in this car.) However, you have to understand that it is possible that during the final division of your community property, you might have to reimburse to your husband half of the value of the community property that is in this car (assuming, of course, that there is any equity, i.e., the car worth more now than you owe on it.)