QUESTION

Can my husband sell me the car even if my name is on it?

Asked on Aug 21st, 2014 on Divorce - Utah
More details to this question:
My husband got a car before we were married. After we were married, I made him put my name on the title. Now that we are separating I want to keep the car but he wants it back to sell or have me buy it from him since it was his to begin with.
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1 ANSWER

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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There are at least four ways this could go. Because your husband owned the car before marriage, he could argue that the car should be given back to him upon divorce, regardless of whether he added you to the title or not during the marriage. Your judge could do that, it's perfectly legal. You could also argue that since your name is on the title, in divorce the car should be awarded to you because you use it or you need it most. Your judge could do that, it's perfectly legal. The court could decide to consider the car to be a marital asset, in which case it would divide the value of the car between the two of you. The court will start with the presumption that the most equitable division is an equal division of value. Because a car cannot be practically cut in half and give half to each of the parties, the court could either order the car sold and the proceeds from sale divided equally between you, or order one of you to get the car and I wore the other person other marital property with an offsetting equal value.
Answered on Aug 25th, 2014 at 11:21 AM

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