QUESTION
Will I get to take the vehicle that is solely in my name in the divorce?
Asked on Oct 25th, 2012 on Divorce - Michigan
More details to this question:
I purchased a vehicle with my husband about two weeks ago. It was supposed to be solely for my use, seeing that I have already traded in two of my cars already since we've been married, but he ends up taking it more than I do. Although he asked his family for the down payment, the vehicle is in my name. Before we got married, I had my own place. When we married, he moved in. My name is still on the lease, and his is not. He has to be the one to leave, right?
9 ANSWERS
All of these things you ask about are negotiable in the divorce, but most likely he will be the one to have to leave the rental in your name. That your name is on the car is largely irrelevant, as is the source of the money used to purchase it. The fact that it replaces a vehicle you brought into the marriage is relevant to who gets to keep it, but you may be stuck repaying the loan to his family, especially if it is in writing, as well as the balance of the car loan. You should retain an experience divorce attorney.
Answered on Oct 31st, 2012 at 12:47 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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It is impossible to tell if you get the car or not. It depends on many factors. You need to consult with an attorney who can explain the distribution of property in a divorce.
Answered on Oct 28th, 2012 at 1:30 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Anything that is purchased during the marriage will be presumed to be marital property, regardless of who paid for it or whose name is on the title. Whether you get it in the final settlement depends on all the relevant facts and circumstances, including whether it has an equity value and who can afford to make the payments. If you and your husband can't agree on how to handle it, the judge will have decide after hearing arguments and evidence from each of you.
Answered on Oct 27th, 2012 at 2:13 PM
Everything is negotiable. I suggest you and your spouse consider Mediation. Mediation is Fast, Effective and Affordable. Good luck.
Answered on Oct 27th, 2012 at 2:12 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You may or may not get the car. You may have to reimburse him for any community property in the vehicle. He does not have to leave the apartment under family law but if his name is not on the lease, then the lease is yours. I suggest you talk to an attorney to try to untangle the car issue. If he does not leave, the court may order him to if you file your motion.
Answered on Oct 27th, 2012 at 2:05 PM
All assets acquired during the marriage with community funds are subject to division upon dissolution, regardless of how title is held. You are probably in the best position to retain the lease. You should consult a family law attorney to review all of the facts and advise you.
Answered on Oct 27th, 2012 at 2:01 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Maybe. In Washington title doesn't matter in a divorce. A court must divide all property.
Answered on Oct 27th, 2012 at 1:41 PM
Michael Paul Vollandt
Title of a car does not have much to do with anything in and of its self. You must divide the assets and debts equally. If you want the car then you can put it on you side of the ledger and ask the court to award it to you with an offset against some other asset your husband wants.
Answered on Oct 27th, 2012 at 1:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need an attorney who must be provided with all of the details before they could provide a strong opinion. Generally, the sources and used of funds will be looked into, and if his family provided all or part of the down payment on the car that will or should be taken into account. As for the lease, most probably you will retain the property and the obligation to pay rent.
Answered on Oct 27th, 2012 at 1:18 PM