Is there a way my friend can get her car and remove the husband’s name on it?

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Is there a way my friend can get her car and remove the husband’s name on it?

She is the one whose paying the car, and its almost paid. But the car was under her husband’s name. The husband told her the his going to sell the car since its under his name. My friend is so worried right now, what she can do? By the way they were separated and planning to get divorce soon.

Asked on October 30, 2012 under Family Law, California

Answers:

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

Answered 8 years ago | Contributor

If the car was purchased during the marriage, then it is community property and each of them is entitled to half the value of the car.  If the car was his before marriage and she was paying the car payment during the marriage, the community (so each of them) would be entitled to a reimbursement equal to half the principal reduction on the car loan during the marriage. 

If she files for divorce, under the automatic restraining orders listed on the second page of the divorce summons (Google FL-110), he would be prevented from selling any assets, including the car, unless he did so to raise money for legal fees.

She really needs to consult with a local family law/divorce attorney to make sure she protects herself.  She may be entitled to spousal support and also may be able to get the court to order her husband to pay for her legal fees.

Best of luck.


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