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Phillips Esq.
Phillips Esq., Attorney-at-law
Category: Traffic Law
Satisfied Customers: 19651
Experience:  B.A.; M.B.A.; J.D.
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My name is ***** *****. My son's car is registered in Nevada

Customer Question

Hi, my name is ***** *****. My son's car is registered in Nevada and he has a Nevada license; he works all over. He is estranged from his wife and has been. He left his car in California and she has since sold the car. The title is in his name only and the funds to pay for the car came from myself and his father. Can she do that? California is saying she's within her rights to sell it, when he tried to report it stolen, as essentially it is stolen. We will be reporting it stolen from Nevada as well.
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Submitted: 1 year ago.
Category: Traffic Law
Expert:  Phillips Esq. replied 1 year ago.

No, she cannot do that even if the property is a community property. Both of them must consent to the sale. In this case, the car was not even a community property. It was his personal property because he did not use the funds that he accumulated during the marriage to purchase the car. The funds came from a third source: you and the father. So, his wife has no legal rights to sell the car without his consent. I am not sure how the buyer was able to get clear title on the car when your son did not sign off on the sale.