Can I file a lawsuit against her if she further sold off mostly all community property? 11 Answers as of July 02, 2014

I am going through a divorce. My wife took me off the title to two vehicles and disposed of them.

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Steven Alpers | Steven Alpers
No that is a property division issue. It must be fought out in the division of community property trial.
Answer Applies to: California
Replied: 7/2/2014
Law Offices of Frances Headley | Frances Headley
If the disposal occurred since the filing of the dissolution case, then her actions are in violation of the standard restraining orders. You should consult a family law attorney or facilitator to assist you.
Answer Applies to: California
Replied: 7/1/2014
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
It is unclear how she took you off title to the vehicles - once you are on title you need to sign to go off title. You should be able to include your claim for your community share in the value of the vehicles in your divorce action since there apparently is not a Judgment, yet.
Answer Applies to: California
Replied: 7/1/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
If guy are going through a divorce, unless you both agree to dispose of community property, without a court order, your spouse has no right to do it. Look on the back of the original filing papers you filled out or received. It has a list if the temporary restraining orders in place of things you cannot do during the divorce unless you agree to it. In any event, you can get 1/2 of the value or the sale price of the sold property back from your wife during the divorce or at the end in the judgment. It would be a waste of time to file a lawsuit during your divorce because the purpose of the divorce is to resolve community property assets and debts.
Answer Applies to: California
Replied: 7/1/2014
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
In the divorce action you would request that she be charged with the fair market value of those assets and be ordered to pay you one-half that value as an equalization payment.
Answer Applies to: California
Replied: 7/1/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    This can be handled in the divorce process. She will owe you an equalization payment.
    Answer Applies to: California
    Replied: 7/1/2014
    The Law Offices of Tres A. Porter | Tres A. Porter
    No but depending upon the jurisdiction you might bring an action against her for contempt of court. In every divorce in California, on the summons there is a list of Automatic Temporary Restraining Orders (ATROS). Among the list of prohibited actions is the selling of community property assets, except as done in a normal course of business or for the necessities of life. You should consult a family law attorney in your area, but if the vehicles were sold without your knowledge or consent after the divorce summons was served, without a court order, you could have an action against her in the divorce proceedings.
    Answer Applies to: California
    Replied: 7/1/2014
    Law Office of Martin A. Kahan | Martin A. Kahan
    That issue has to be addressed in your family law matter.
    Answer Applies to: California
    Replied: 7/1/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    This is an issue that must be resolved through your divorce process. Both of you have a fiduciary management and control responsibility to one another. If she disposed of assets in a fashion that is contrary to that policy, you're entitled to your one half interest in any equity.
    Answer Applies to: California
    Replied: 7/1/2014
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    File a hearing for breach of fiduciary duty and for sanctions.
    Answer Applies to: California
    Replied: 7/1/2014
    Peyton and Associates | Barbara Peyton
    In the divorce case the court will order her to reimburse you for one half the value of the community prop Property she sold. File a motion with the court for relief and protection from similar wrongful conduct in the future.
    Answer Applies to: California
    Replied: 7/1/2014
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