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My husband is considering divorce. There has been no infidelity or cause, he's just not happy even though I've spent years trying to fix everything. He stated if he left he wanted me to pay him 1/2 of the car that I drive for me to take it, but said he didn't have to pay me for his car even though he was still making payments to it while we were together he claimed because it wasn't from our joint account it did not count. I put down 2k of the 3k payment and the car we traded was my previous personal vehicle, I also pay him 1/2 of the note each month, and I told him I would pay off the remaining balance myself. I feel like I shouldn't have to pay him to take my own vehicle, my own concern is that when we purchased it he only put his name on the title and loan. What options do I have, do I need to pay him for it? If so am I also entitled to 1/2 of his car value?
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During a divorce, there is a rebuttable presumption that all of your marital assets are community property, regardless of which spouse's name is listed on the title. A party claiming to have a separate property interest in an item of property (for example, because they traded in another vehicle they owned before the marriage or used separate funds which were in a bank of account before the marriage) has the burden of proving their separate property interest by clear and convincing evidence, which often requires undisputed documentary evidence. This usually isn't a factor in a marriage that has lasted "years."Upon divorce, your community property will be divided by the court in a manner that is "just and right" which does not necessarily mean 50-50. The evidence you detail in your question will be considered in making a "just and right" division of your marital assets. In most cases, barring unusual evidence, each spouse is awarded the motor vehicle they usually drive and is responsible for paying any debt owed that is secured by the vehicle. If there is a significant disparity in value or equity, the court typically adjusts that using other assets. Awarding a motor vehicle to one spouse while making the other spouse responsible for the debt is a recipe for post-divorce conflict and proceedings. A competent and experienced attorney will strongly caution you against agreeing to such an arrangement. A competent and experienced judge typically will not order it.
Answered on Oct 03rd, 2023 at 8:56 AM