If I have a truck that used in my business and is my personal vehicle, can the petitioner take it from me.

She is claiming other vehicles not registered in the business name and some that are in the business name. The business is in both our names but she has had no involvement in it for at least 2 years. Can she take the one vehicle I use personally and professionally and can she take the tools and equipment that use for my livelihood?

Martinez, CA -

Attorney Answers (3)

Scott Richard Kaufman

Scott Richard Kaufman

Contracts / Agreements Lawyer - Los Altos, CA
Answered

Probably cannot take anything. Maybe a court order will help one side or the other. Best to deal with the issues straight up asap. If it's a life or death kind of thing, get representation fast.

John Noah Kitta

John Noah Kitta

Divorce / Separation Lawyer - Fremont, CA
Answered

If you need that truck and your tools for your livelihood this what generates your income, the court is certainly going to give you exclusive use of the truck and tools. If she has made threats in this regard, seek out an emergency order which you should be able to obtain within several days to prohibit any of her potentially irrational conduct.

I hope this is helpful.

John N. Kitta
Fremont

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Matthew Erik Johnson

Matthew Erik Johnson

Business Attorney - Seattle, WA
Answered

I somewhat disagree with the other answers purely on the mechanism by which this could be done. In other respects, I fully agree with their answers.

She legally cannot outright take anything. She would have to seek a court order to dissolve the company and then liquidate the assets, and then divide them.

However, you would potentially have several defenses, including statute of limitations, latches, estopple and abandonment.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more

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