Full question:
My wife's mother has bought things for our home such as furniture and other household items. We also have a car which is currently registered at the Department of Motor Vehicles as 'my name' OR 'her name'. We are now getting divorced because she was charged with two felony counts of child abuse. I have full custody of the kids and she is not allowed contact with them. I need to sell some things to pay for all the added court expense, childcare, etc, due to the child abuse. My wife and her mother are screaming that they will have me arrested if I sell any of the things that she (the mother) bought or the car. Is she correct? Can I be arrested if I sell any of these things?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: California
Answer:
Property gifted to a relative only and not the relative’s spouse is generally considered separate property of that relative in that relative’s marriage. The answer will depend on whether the property was gifted to only the wife and whether the owners were named as tenants in common or joint owners with right of survivorship. If the vehicle title says 'person 1' OR 'person 2', either party can sell the property without the other’s signature. Joints tenants must all consent and sign off on a sale, whereas a tenant in common may separately sell their interest, without the consent of the other owner, but may then be liable to the other owner for the value of their interest. Typically, the other party will request a restraining order to prevent dissipation of marital assets. The answer will depend on all the facts and documents involved, but consequences may range from a refusal to register to a lawsuit to recover the value of the ownership interest improperly transferred.
A bona fide purchaser is commonly referred to as a BFP in legal and banking circles. A BFP is a person who has purchased an asset for the stated value, with a honest belief that the seller had the rights to make such a sale. A BFP is unaware of any fact which would cause a reasonable person to doubt on the right of the seller to have sold it in good faith. This is relevant in the situation of a seller without good title to an item who sells the item to a BFP and the true owner later shows up to claim title. In this situation, the BFP will be able to keep the asset, and the real owner will have to look to the fraudulent seller for reimbursement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
