Who Will Get the Family Car in a Divorce?

Most families have more than one vehicle that they use for their everyday needs. But who gets the car in a divorce when they only have one vehicle? If you and your soon to be ex-spouse can come to an agreement, it may end up saving you enough money so that one of you will be able to buy another car. If you end up fighting it out in court with attorneys, not only will it get expensive, but you could end up losing the car as well.

How Property and Assets are Divided During Divorce

Depending on the state where you file for divorce, your property and assets will be dividing according to those laws. In a community property state, all property acquired during the marriage is considered equal property and will be split in half. If the property was acquired prior to the marriage or was a gift or inheritance, it will not be considered community property. Most states have laws that view both spouses as contributing equally to the marriage. Therefore, the family court will want to ensure that all property and assets are distributed in an equitable fashion.

Making a Case for Getting the Family Vehicle

There are many issues that can become complicated during the divorce process. Fighting over the family car and who gets to keep it may depend on a number of factors. Here are some tips on how to make a strong case for yourself with the family court judge:

Emphasize to the court that your job requires you to have a vehicle in order to get to work. If you cannot walk to work or take public transportation, this can be a compelling point.

If you are a stay-at-home mom with young children, it is imperative that you have a car for emergencies, taking the kids for doctor and dental appointments, driving them to school and getting groceries.

Show records that you made most of the payments and/or contributed a large amount to the initial down payment on the car. Even if your spouse contributed to the car payments, you may be able to keep the car, and only pay a portion of the car’s value to your spouse.

If you owned the car before you were married and made all of the payments, you will likely be able to keep the car. However, in most cases the court will want to ensure that your spouse gets something of equal value in exchange.

Legal Advice From a Divorce Attorney

Some divorces can become a battleground when people fight over possessions. There have been instances where both spouses are listed on the registration of the vehicle, and one spouse takes the car and doesn’t return it. They may even pay a locksmith to change the ignition lock so that the car keys can still open the vehicle, but the spouse won’t be able start the car and drive off with it. If this is a possibility in your case, it may be time to get some legal advice from an experienced family law attorney.

Thinking About Divorce?