What form can my husband fill out stating he willnot get half my car?

He says he will sign a piece of paper stating that he won’t. But I’d like to have a legal one. I do not trust him.

Asked on September 16, 2011 under Family Law, California


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

Answered 9 years ago | Contributor

I am unsure if you are in the process of starting to think about divorce  - because you chose the heading divorce for your question - or if you are married and planning ahead.  First, let me tell you a bit of the ground rules so to speak for divorce.  Generally speaking, if the car was your prior to marriage and you have retained the title in your name then it is yours when you leave the marriage.  You do not need him to sign anything.  But if you are unsure and you think that he will claim that it was your intent to make it marital property (always the fight) then you can enter in to a post-nuptial agreement that states how you are splitting property or really what yours is yours and whats his is his.  I would get some legal help here.  Good luck. 

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