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DrakeLAW, Lawyer
Category: Family Law
Satisfied Customers: 756
Experience:  Attorney at Drake Law Firm PLC
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I'm going to be filing for divorce or separation soon. We

Customer Question

I'm going to be filing for divorce or separation soon. We have a truck in both our names. He is either going to turn it in and I'm going to refinance it myself or he is going to sign it over to me. My question is: in California, in either situations, is the truck community property? Can he take the other car which is in my name only. Both vehicle were obtained after we got married.
Please note: I have a text from him stating this:"I actually thought about it and if you want me to drop the truck off to you than you gotta buy me out on that shit. 5,000 is my number. Half of the original down payment extras. If you don't agree than I'll
Just drop that shit off. "What are my options ??
Submitted: 10 months ago.
Category: Family Law
Expert:  DrakeLAW replied 10 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 10 months ago.

Yes, both the truck and the car are community property. It does not matter that either is titled in only one of your names.

He would not be entitled to half of the original cost. He would be entitled to half of what it is worth now and if there is a loan on it, it may be well worth close to $0.

Does that answer your question?

Customer: replied 10 months ago.
We owe $33k on it but my 2014 jeep is completely paid off. Would I have to pay him out?
Expert:  DrakeLAW replied 10 months ago.

Yes, unfortunately you would have to pay him half the value of the jeep. That is if he ever becomes aware of his rights...

Customer: replied 10 months ago.
Can I make a trade for the 4 Harley motorcycles he has obtained after we were married.
Customer: replied 10 months ago.
The reason for the divorce is her left me and our 6 year old son. Cheated on me on our anniversary and moved out 2 months ago. He has only given me $1150 since he left. Hasn't given me any money for our child. Is openly in a relationship with the girl he cheated on me with. Because I have the child do I have a good case against him with not paying him anything? He gets paid under the table but for the last 3 years we have been filing married with him making $800 a month. We got a $170k settlement back in 10/14 from a back surgery I had which we were both in the trial but they settlement was because of me. We bought the jeep with the money and then everything but $9k he spent buying stuff like cars and motorcycles. And he is an alcoholic. Do I have a good case against him ?
Expert:  DrakeLAW replied 10 months ago.

Oh I am glad you said that. If the money you received is from a personal injury which I believe that is then the stuff that you bought with it would actually be your separate property as well. Yes, you can make trades against everything however you want.

You should be getting child support and you will be able to if you file for it. Yes, you have a good case but keep in mind that California is a "no fault" state so it doesn't matter about the cheating and all that, you can get a divorce just because you want one.

Does that answer everything for you?

Customer: replied 10 months ago.
The personal injury case was a dual case but were told by our lawyer and the jury if we didn't settle and left it for the jury to decide we would have gotten nothing so we settled.
Is it still community property?
Could a judge order child support in an amount more than what he makes because it only shows him making $800 a month. Could a judge order him to pay $600-800 a month for child support ?
Expert:  DrakeLAW replied 10 months ago.

What does that mean it was a dual case? It is whoever got injured. Or was it a medical malpractice case?

No, the judge can only order based on what income is shown but you can raise the fact that he is being paid under the table.

Customer: replied 10 months ago.
Dual I mean... We went to trial together. We were in a car accident together. Our lawyer wrote the check to both of us because we were went to court at the same time.
Expert:  DrakeLAW replied 10 months ago.

I see, then that money would be community property since you were both injured.