Can I sell my car to pay off the loan solely in my name before divorce paperwork is processed?

My husband and I have filed for divorce and are at war with support and payments. Both cars are in my name and financed through my bank/credit union. My husband has no driver’s license and I now have both cars and I am making the monthly payments. Can I sell these cars to pay off the loans and save my credit? I have noted permission to sell the cars even though they are solely in my name and liability. I can’t afford to make another payment.

Asked on November 9, 2011 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I do not understand the second to last sentence in your question.  But never the less, I think that you need to request that the court allow you to sell one of the assets and split the money down the middle between you.  It does not matter that he has no license or that they are in your name only.  If they were purchased during the marriage then they are a marital asset subject t distribution.  If you sell one with out court permission then you will be seen as dissipating a marital asset and that could get you in to trouble.  He can also agree - in writing - to do this. Do this right.  Good luck.

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