In a divorce who gets the car?

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Question:

In a divorce who gets the car?

Answer:

Many people dream about their wedding day and how special it will be. The last thing on their mind is the ugly reality that one day they may be fighting over possessions in court. States that practice community property law will expect the divorcing couple to split up their property and assets equally. In jurisdictions that require equitable distribution, this means they must divide the possessions fairly. For example, if one spouse gets the car, the other person should get something of similar value, such as an expensive painting or piece of jewelry.

Splitting Up Your Ride

It is rare in today’s society that a married couple only has one vehicle. Couples that live in large cities often depend upon public transportation and may only have one car that they use for weekend getaways. In a divorce who gets the car may largely depend upon the following points:

  • Was the auto loan in both names of just one of the spouse’s name?
  • Which person was responsible for making the loan payments?
  • Did either party furnish the down payment for the vehicle?
  • Who needs the car the most to keep their job?
  • Is it a family vehicle that is needed to transport small children? If so, then the judge may want to ensure that the car is given to the custodial parent.
  • Was the vehicle purchased before the marriage occurred? If it was, then the court will consider this as separate property and is not considered part of the settlement.
  • Does one of the children have a medical condition that requires frequent visits to the doctor?

Usually the spouse who needs the car for work will be awarded the vehicle, unless both of them work. In that case, the person earning the most money may be ordered to pay the other spouse a sum of money so that he or she can purchase a car.

Your Divorce Attorney May Have the Answer

If you are in the middle of ending your marriage and are worried about who will get what, your attorney may be able to set your mind at ease. In a divorce who gets the car may be a big concern for you if your job depends upon it. When you hire a divorce attorney, they are familiar with the laws of the state and how a family court judge makes decisions regarding dividing the assets. Contact a lawyer who specializes in family law to examine the circumstances of your case. 

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