Legal Question in Family Law in California
My wife and I have both filed paperwork in our divorce and she left.the state with.property and nothing has been agreed upon. To.this point. I learened that she traded the vehicle.that she took.with her and both our.names.are on the loan and was bought.during.our marriage. Can she legally.do.this.and.what.can.be done.about.this? What paperwork can I file.to get it back or show the court what she has done?
3 Answers from Attorneys
If this transfer was done depriving you of your community value in the vehicle, you can advise the court in your property division request that you want your share of the vehicle value paid to you by wife in an overall property division.
How were you harmed by her actions. Likely you were not, as she was paying the loan on the car and when it was traded in the loan was paid off. Otherwise, you are entitled to have the fair market value (value minus the loan amount) of the auto considered in division of the community assets.
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