Legal Question in Family Law in California
Im needing to get divorced. I havent actually got the ball rolling yet because im still educating myself. I own a car in which my wife also jointly owns. My question is this: Can i sell my car and pay off the lien without her knowledge or consent? Will this cause future complications in the divorce? I mean...it is my car also...right? Thanks
1 Answer from Attorneys
Before anything is filed you legally can buy it sell any community property without each other's consent. After a divorce is filed, automatic restraining orders go into effect and one if them prohibits selling or otherwise disposing of community property. With that said, though, if you are both on formal legal title, such as with real estate and vehicles, both signatures are usually required to convey title to the new buyer. Also, before and after a divorce is filed you have a fiduciary duty to each other to put their interests equal with theirs.
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