QUESTION
Before we were married, my husband bought a car for me outright and the title and registration is in my name can he get it back?
Asked on Aug 13th, 2013 on Divorce - Michigan
More details to this question:
Before we were married, my husband bought a car for me outright and the title and registration is in my name can he get it back in the divorce? Or make me take a loan out on it to pay him back?
6 ANSWERS
Any lawyer will argue that the car was a gift made to you, since it was prior to marriage, thus you would not be required to return the car. If however, the car was considered to be a contractual stipend, such as made for the agreement of marriage, then arguably the terms have been violated by divorcing, and you would have to prove your right to keep the car.
Answered on Aug 16th, 2013 at 8:01 PM
If it was a gift, gifts are not divisible upon dissolution and the recipient gets to keep the gift without compensating the other party.
Answered on Aug 15th, 2013 at 4:37 PM
Based solely on the information given, my answer would be "no;" It was a Gift from you to him.
Answered on Aug 15th, 2013 at 4:37 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It looks like the car was a gift, and in many places could not be re-allocated in a divorce. But in a balance-sheet division of property it would still likely show up on your side of the sheet it would be credited to you as property. Consult an experienced family lawyer.
Answered on Aug 15th, 2013 at 11:18 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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There is a strong argument that it is your sole and separate property and therefore does not belong to the community.
Answered on Aug 15th, 2013 at 10:51 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the circumstances, but it sounds like a pre-marital gift and possibly your separate property.
Answered on Aug 15th, 2013 at 9:59 AM