What are the North Carolina state laws regarding vehicles during a separation?

The North Carolina separation law says that a couple must be separated for one year before a divorce will be granted by the court.  Frequently the couple will agree to a separation agreement that outlines things like child custody, support payments, usage and ownership of vehicles, and debts.  The agreement is a legal contract that is voluntarily signed by the husband and wife.

Separating the Property Before Divorce

The separation agreement is strictly voluntary but is useful for settling many of the issues associated with divorce before the divorce becomes legal. The contract can divide all property including vehicles, houses, furniture, bank accounts, life insurance and so on.

It can also identify responsibility for various debts. Each debt should be clearly and carefully identified by the name of the creditor, the current balance at the time of the agreement and the amount to be paid each month.

For example, in the case of vehicles each spouse may agree to be responsible for the balance of car payments on a particular auto he or she will take possession of during the separation and after the divorce. This does not relieve either person of their responsibility to the creditor for the debt, and both may be sued in the event of a loan default.  It does establish legal grounds for one spouse to claim reimbursement from the other spouse.

Get Legal Advice

It is important to get legal advice when separating. The separation agreement should include a number of important topics, including tax filing, and the attorney can make sure all essential matters are addressed.  Each spouse should have an attorney representing individual interests.