When in my divorce case, can I remove my spouses name from the loan on my car?

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When in my divorce case, can I remove my spouses name from the loan on my car?

My spouse has not responded to the divorce case I filed; it has gone into default but has not reached the 6th month mark. Do I have to wait for a judgement to re-fi my car loan?

Asked on May 18, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

And you prepared the finincial disclosure requirements and the judgement package for the courts?  You can not do anything unless and until the court awards you the asset in the divorce.  California is a community property state and assets are split 50/50. But unless that asset is awarded you in the divorce you wuld be dissipating a marital asset by refinancing it in your name only.  Good luck.


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