Who Gets the Car

[feliciasenemy]

We live in California.

My wife wants to get a divorce after 9 years of marriage. We have one child together. Five months ago we went to get a loan for a newer car. Her credit was so bad that she could not get a loan or be a signer on our loan for the car. So, I got the loan by myself, all in my name. We then went and bought the car with everything just with my name on it. She did not sign anything with her name. Now that we are getting a divorce, she wants the car. She either wants me to give it to her and have me continue paying for the loan, or give her the car and she pays the loan. I do not want to do either of these things. I feel that I should keep the car and make the payments on it. I am on the loan and I am responsible for it. So what should I do or what do I legally have to do? Thanks for any help....

[LawResearcherMissy]

You legally have to do what the judge tells you to do.

Unless and until you're ordered by the court to give her the car, you don't have to do anything. You're the sole borrower, you're the sole name on the title. It's your car.

[feliciasenemy]

OK, Thanks...

One more question. My wife is moving out soon and taking everything that is hers or that we agree that she will take. Should I wait to take the car when she moves out? If I let her drive it to her parents house (where she will be staying and where it will be parked on the street, not on her parents property) and then take it back late at night, will I be breaking any laws?

[CourtClerk]

You can't steal your own car. However, the vehicle IS marital property and subject to division.

Realistically what will happen is that whoever can finance the car and pay for the car will keep the car. If she is unable to secure a loan for the car, then her chances of being able to keep it, all the while you being legally and financially responsible for it are slim.