Will I need to cancel a summary dissolution and do a contested divorce regarding a jointly owned car?

I filed for a summary dissolution about 6 months ago. In the summary dissolution it states not to list the car; my husband told me not to worry about it because he would make the payments. We are currently financing the car together but he has been late on the payments. He is not answering my phone calls anymore; I don’t know where he lives now nor the location of the car. I tried to voluntarily repo it but they cannot help me unless the car is in my possession. I tried calling lojack but they can’t help me because I would need to report it stolen. What kind of lawyer should I talk to? A divorce lawyer or a consumer lawyer?

Asked on September 14, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You need to talk to a divorce lawyer.  You need to file a motion to set aside the judgment for summary dissolution, then file for divorce. 

Since your credit has already been effected pretty badly, your other option is to hire a private investigator to find your husband's current address, then have the car voluntarily repossessed.

This is why you can't lie on the summary dissolution paperwork. 

Best of luck.


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