Divorce question

[Ana08]

Jurisdiction

California

Hello, I wanted to know if I were to get a divorce do I have to give my husband one of my cars? I have two everything is under my name only.

 

[Zigner]

Hello, I wanted to know if I were to get a divorce do I have to give my husband one of my cars? I have two everything is under my name only.

Almost definitely no. However, you may be required to give him some money, up to, possibly, the full value of the car.

Frankly, your question is way too vague and any answer would necessarily be fact-specific. You should consult with an attorney.

 

[adjusterjack]

There are community property resources in the following search. Check them out and you'll have a better understanding about what could happen to your property.

california community property at DuckDuckGo

 

[Zigner]

To be clear - what I was saying is that you may be able to offset any physical property (personal or real) by paying the value of said property. So, you might not have to give him xyz, as long as you pay him xyz. Your attorney will be better able to explain it to you.

 

[zddoodah]

I wanted to know if I were to get a divorce do I have to give my husband one of my cars? I have two everything is under my name only.

Just because they're titled in your name only doesn't make them "my cars."

In a California dissolution proceeding, the parties are entitled to an equal division of community property. Fam. Code section 2550. "Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." Fam. Code section 760.

That a car is titled in your name only has virtually nothing to do with its status as community property (or separate property, which is defined in section 770 to means all property owned before married or acquired during the marriage by gift, bequest, devise or descent, or the proceeds of such property).

Thus, the answer to your question depends on information you didn't share with us, including when each car was acquired and why the cars are titled only in your name.

Note, by the way, that, if you did have to transfer title to one of the vehicles to your husband, you would not be "giv[ing] [him] one of [your] cars." You'd simply be re-titling a vehicle that he already owned.

Consult with local counsel.