Buying a car mid divorce.

[felix_liter]

I live in California. My wife and I are about to start the process of getting divorced. She took my car away to spite me since it was in her name so I need to get another one. Is it safe to go buy a car from a dealership or will she have some claim to it since we are still married?

Thanks

 

[Ohiogal]

I live in California. My wife and I are about to start the process of getting divorced. She took my car away to spite me since it was in her name so I need to get another one. Is it safe to go buy a car from a dealership or will she have some claim to it since we are still married?

Thanks

Yes she will have come claim to it -- part of whatever equity is in it. You paying cash for the car? Or financing it? If financing it, the car won't be worth more than the loan probably.

 

[felix_liter]

I would have to finance it. She emptied my bank account, so I'm living solely off credit right now.

 

[not2cleverRed]

Just a quick FYI: it's not "mid divorce" until you actually start the paperwork (filing, etc.)

If you haven't filed for divorce yet, then any car you get is part of the marital stew. And BTW, it goes both ways.

Sane people realize that arguing about things in court can get more expensive than the things that are being argued about. So yes, if you get a car now, your wife can argue that it's marital. Just like you can argue that the car she took was a marital asset if it was acquired during the marriage.

 

[latigo]

I live in California. My wife and I are about to start the process of getting divorced. She took my car away to spite me since it was in her name so I need to get another one. Is it safe to go buy a car from a dealership or will she have some claim to it since we are still married?

Thanks

The only way you could avoid any equity in the vehicle becoming part of the community property estate (50/50) would be to purchase it with your separate property, or from earnings while living separate and apart from your wife. And under such conditions and circumstances as evidencing the intention to dissolving the relationship. (See: California Family Code Sec. 771 (a) and California case law defining "living separate and apart".)

Ironically, unless the separate and apart business exists, any loan taken to make the purchase would become a community debt. Also 50/50.

But I wouldn't be overly concerned with any of these legal niceties. They will all wash out in the divorce. And should you reconcile just another monthly payment.

Curiously though, how did a vehicle titled in her sole name become "my" car?

 

[felix_liter]

It was originally her car that her dad got for her, but when she became pregnant with our daughter we obviously needed another vehicle and found a van, making the Buick my car. I also didn't bother driving/having a license until she became pregnant so all vehicle were put in her name.

 

[latigo]

It was originally her car that her dad got for her, but when she became pregnant with our daughter we obviously needed another vehicle and found a van, making the Buick my car. I also didn't bother driving/having a license until she became pregnant so all vehicle were put in her name.

Not that it is going to upset some Vast Eternal Plan, but that didn't make the Buick "my car". Since it was a parental gift, the Buick was her sole and separate property and to become "my car" and no longer her car she would needed to in turn gifted it to over to you and had it appropriately retitled. But the Sun will still come up Monday. So when it does, go buy another car.

[SUP]And I don't want to know what happened to the "van". I'm confused enough.[/SUP]

 

[felix_liter]

I understand, I more just meant that it became the car that I used for 4 years. Bad word choice on my part.