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 that is gifted to one spouse and not the other is typically considered that spouse's separate property in a marriage. Whether you can sell the items depends on if they were specifically gifted to your wife and how the property ownership is structured.
If the car title lists 'your name' OR 'her name', either of you can sell it without needing the other's consent. However, if the property is owned as joint tenants, all owners must agree to the sale. In a tenants in common arrangement, one owner can sell their share without the other's consent, but they may owe the other owner for their share's value.
In divorce situations, the other party might seek a restraining order to prevent the sale of marital assets. If you sell items that are considered marital property without consent, you could face legal consequences, including lawsuits to recover the value of the property sold. A bona fide purchaser (BFP)—someone who buys in good faith—may keep the asset even if the seller lacked the right to sell it, leaving the original owner to seek compensation from the seller.
For specific legal advice, consider consulting a qualified attorney.
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.