QUESTION
What is the most common decision made in court on a vehicle that has been totalled during divorce?
Asked on Nov 27th, 2013 on Personal Injury - California
More details to this question:
She only paid half of the down payment and I made every monthly payment until paid off. Insurance only paid me half of what i paid for the vehicle.
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It could depend on the cause of the accident. This is a community asset and she is probably entitled to some cash, probably half, since you drove the vehicle.
Answered on Dec 02nd, 2013 at 4:55 PM
Unless one party is found to be responsible for the loss, the court orders the loss and any insurance proceeds to be equally divided.
Answered on Dec 02nd, 2013 at 4:54 PM
If you are in California, then your income during marriage is considered community property. So when you made the payments half of it was with her money. So she would be entitled to half of the money you got from the insurance company.
Answered on Dec 02nd, 2013 at 4:25 PM
Business Law Attorney serving San Jose, CA
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Law Offices of Christopher W. Dull
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Court looks at the FMV of the car and also how much the insurance paid out along with any loans on the vehicle. Safe bet is you will get 1/2 of whatever is left over after paying off the loan.
Answered on Nov 27th, 2013 at 5:37 PM