QUESTION

Who gets the car if car was purchased before the marriage with husband's $ with title in the wife's name only, but the husband paid the payments?

Asked on Jul 09th, 2019 on Divorce - New Jersey
More details to this question:
Married and soon to be divorcing in New Jersey. Before we got married we bought a car using his money, but we put the title in my name only. He has never had a driver's license so he never drove the car, and we only used the car together maybe one time every two or three weeks for quick grocery trips. I used the car every day. After we married he paid the car payments, but the title remained in my name only. Basically, the car is in my name and he has never even driven it, but he has paid all of the down payment and car payments. Will he have any right to the car when we divorce, or would the car be 100% mine since the car was purchased before we got married and the title was always in my name only? Thank you in advance.
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1 ANSWER

Family and Matrimonial Law Attorney serving Parsippany, NJ
4 Awards
Thank you for your questions. We’re sorry to hear you’re going through such a difficult time!  The short answer is that the law in New Jersey is equitable distribution.  It means that any asset acquired during the period of time you were married (from the date of marriage to the date a complaint for divorce is filed) is subject to distribution in a divorce.  The persons name on the title to the car is not dispositive of the issue.  I would strongly suggest that you consult with an attorney specializing in family law to assist you with this issue.  
Answered on Jul 12th, 2019 at 6:10 AM

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