QUESTION
If I purchased a vehicle before I even met my wife, can she legally get it? Is this possible if it's under my name?
Asked on Aug 13th, 2013 on Divorce - Florida
7 ANSWERS
If you owned the car prior to marriage, the car would be your separate property. However, if you changed title and/or made payments on the car using community funds during marriage, then you will have to prove why the car is actually still considered separate property and repay the community for all community funds used.
Answered on Aug 15th, 2013 at 7:45 PM
If no payments on the vehicle were made from your earnings after your marriage, then the car is your separate property. If payments were made, then you should consult a family law attorney to review all of the facts and advise you on how the vehicle is likely to be characterized by the court.
Answered on Aug 15th, 2013 at 4:29 PM
It will all depend on whether payments were made on the car during the marriage. If they were, she is entitled to one-half of all payments made during the marriage.
Answered on Aug 15th, 2013 at 4:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need a divorce attorney.
Answered on Aug 15th, 2013 at 10:12 AM
Alternative Dispute Resolution Attorney serving Farmington Hills, MI
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DeBrincat, Padgett, Kobliska & Zick, Attorneys & Counselors at Law
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Generally, assets purchased before the marriage are each person's separate property. It gets murky however, when, for example, you put a $2,000.00 down payment on a car before the marriage, and then marital funds are used to make the payments. The car may have lost its separate character in such an instance. In any event, the car should not be viewed in a vacuum, that is to say, without regard to the disposition of the others assets and debts in the marital estate. Ten court must make a fair and equitable resolution of all of the assets and debts comprising the marital estate.
Answered on Aug 15th, 2013 at 9:44 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Whatever is purchased prior to marriage is separate property and cannot be awarded by the judge to the other party.
Answered on Aug 15th, 2013 at 9:44 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Generally no but that is a question for the judge to decide as part of equitable distribution.
Answered on Aug 15th, 2013 at 9:44 AM