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  1. #1
    Join Date
    Jan 2014
    Posts
    1

    Default Can You Sell a Jointly Owned Car Without Your Spouse's Consent Before Divorce

    My question involves a marriage in the state of: California.

    My ex-wife and I are going through a separation where we own a vehicle.
    The vehicle states my name and says "OR " her name.
    We haven't officially declared ourselves separated legally so does that still mean that we are married?
    In that case, could I legally sell the car before any divorce proceedings could occur?
    I understand that since it's under "OR", either of us have full ownership and could sell it.
    But in this case, could the car be sold without her signature and she could receive half of the money legally?
    I don't mind if she gets half of the money or not, I'm more wondering if this is a legal thing to do considering we haven't filed any paperwork for divorce.

  2. #2

    Default Re: Can You Sell a Joinly Owned Car Without Your Spouse's Consent Before You Get Divo

    Yes, it's legal, but, IMO, it's not smart. If you are facing seperation there are a number of 'points' she can make in front of a judge after that sale to make it look like you reasons for the sale were...less then legit, anything from you selling before to 'hide marital assets'(yes, even if you give her half the money) to you selling her 'primary mode of transportation' in order to injury her ability to 'make a living', plus dozens of other reasons.

    So while technically, this is legal, i wouldn't recommend you do it.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can You Sell a Joinly Owned Car Without Your Spouse's Consent Before You Get Divo

    We haven't officially declared ourselves separated legally so does that still mean that we are married?
    Even when you do separate, you'll still be married, and will remain so until the judge signs the divorce decree.

    In that case, could I legally sell the car before any divorce proceedings could occur?
    You could, but why would you? Are you aiming for an acrimonious divorce? Because if you do this, that's what you're going to end up with, and it will get ugly and expensive.

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