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  1. #1

    Default Moving Cross Country, Can I Take Jointly Owned Car

    My question involves a marriage in the state of: California

    Hi all, thanks for reading. I filed for a divorce in California, but I am moving to the east coast. Ex and I have two cars together, both still with loan balances. My question is, can I take the car that I've been using back east with me? There have been no court dates and he is not willing to work out an agreement. He is currently deployed, so the divorce process is basically at a halt. A lawyer at the courthouse told me that I could take the car, but when my ex comes back he could ask for the court to get me to bring it back.

    If he does ask for me to bring the car back, do I have to pay to have it shipped back, or would he have to? What other recourse do I have? I don't want to leave the car here because he might say I abandoned it. Also, he says he will continue to make the car payments for the car while the divorce isn't finalized, but he is planning on contesting spousal support once we proceed with the divorce. But I am willing to continue paying for the car once the divorce is finalized.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Moving Cross Country, Can I Take Jointly Owned Car

    A lawyer at the court house told you...what?

    Was this your attorney?

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Moving Cross Country, Can I Take Jointly Owned Car

    How is each car titled?

  4. #4

    Default Re: Moving Cross Country, Can I Take Jointly Owned Car

    No, she wasn't, she was from the free legal help that the courthouse offered.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Moving Cross Country, Can I Take Jointly Owned Car

    When it comes time to divide the assets you might be forced to either pay him for his share of the vehicle, or you might be ordered to return it. Maybe you can negotiate to receive the car in lieu of no or lesser support from him ... maybe if you also adopt all the payments.

    Yes, it is possible you would have to bring it back pursuant to a judgment. But, these are things that can be ironed out when the time comes.

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