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I want to sell my car for whatever I can get and then split that amount. The car is worth about 10K and I have an offer for $3000.
7 ANSWERS
You can sell community assets during a dissolution only if there is a court order, a written agreement of the parties or if the sale is necessary to obtain the necessities of life. You should consult a family law attorney to assist you in determining how to proceed.
Answered on Oct 09th, 2012 at 8:54 PM
Family Law Attorney serving San Rafael, CA
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Warren Law Group PC
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You can sell any community property and split that amount but if your spouse proves you sold for less than fair market value you you could be ordered to pay half of that fair market value. This presumes, first, that the car is community property.
Answered on Oct 09th, 2012 at 10:20 AM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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If you are selling for less than value, you can't do that.
Answered on Oct 09th, 2012 at 9:19 AM
If you have been served with divorce papers, No because there are restraining orders on the back of the summons which apply to both parties. If you want to sell the car, the best approach is to let the other side know what is going on and try to get consent to sell. If you sell way below value, you could be charged with misappropriation of community property in the divorce.
Answered on Oct 08th, 2012 at 12:45 PM
Michael Paul Vollandt
If your spouse agrees there is no problem. If he does not then you have a fiduciary duty to not sell the car below FMV of you could be surcharged in the division of property.
Answered on Oct 08th, 2012 at 12:45 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It would be better if you could get your wife's agreement. The issue will be whether you sold it to a friend who is going to sell it back to you after the divorce and if you should have gotten more? money for the car.
Answered on Oct 08th, 2012 at 12:44 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you have been served with divorce papers/or have filed them yourself, you are restrained from transferring any assets without the other side's agreement. From the other side's point of view, selling a car for $7,000 less than the fair market value would be a breach of your fiduciary duty. I recommend getting the other side to agree in writing to the sale and the price or do not do it.
Answered on Oct 08th, 2012 at 12:37 PM