When a marriage ends in divorce, it can be challenging to determine who should retain the cars that were once shared. While it may seem like a minor detail in the grand scheme of things, determining who will keep the vehicles after the divorce is a crucial step in the process. This blog post will discuss the various factors considered when deciding who receives the cars in a divorce.

The Marital Property

When two people enter into a marriage, they also enter into a legal relationship that binds them together in many ways. This includes their property as well. When it comes to the issue of who gets the cars in a divorce, it is essential to distinguish between marital and non-marital property. Marital property refers to anything acquired during a dating, relationship, marriage, or before the breakup of a marriage. In most states, marital property is divided between both spouses at the time of a divorce. This means that both parties may have rights to the vehicles acquired during the marriage, even if only one party purchased them. The court may require that the cars be sold and the proceeds split between both spouses, or one party may be granted possession of the vehicles with an offsetting financial compensation paid to the other spouse. Depending on individual state law, any appreciation or depreciation of the vehicles while in possession of either spouse may be considered part of the marital property as well.

The Non-Marital Property

When it comes to divorce, it’s important to distinguish between marital and non-marital property. Non-marital property is any asset that was acquired before marriage or during a dating relationship before marriage. This type of property is generally not divided in a divorce settlement and will remain with the original owner.

Generally speaking, anything that is acquired during a marriage is considered to be marital property, which means it will be divided in the event of a breakup or divorce. However, if one party in the marriage brings a substantial amount of wealth or assets into the marriage, those will often remain their separate property.

It’s essential to note that, even if a couple acquires an asset together, if the asset is classified as non-marital property, it will remain in the name of the individual who originally owned it. This is especially true when it comes to cars, as they are often considered non-marital property. If one party brings a vehicle into the marriage or purchases a car before the marriage begins, they will likely retain ownership of the vehicle after the divorce.

It’s essential to work closely with an experienced attorney if you have questions about what constitutes non-marital property and how it might be treated in the event of a divorce. Knowing your rights and obligations ahead of time can help you make informed decisions and ensure a fair resolution for all parties involved.

The Community Property

In a divorce, the term “Community Property” refers to the assets and debts accumulated during a marriage. In some states, this includes anything acquired during the marriage, regardless of who paid for it, with some exceptions. In other states, only assets that are registered in both spouses’ names are subject to division in a divorce. All assets and liabilities acquired during the marriage that are registered in both parties’ names, as well as income earned by either spouse from the date of marriage to the date of separation, are considered to be community property.

The rules of community property can vary from state to state, and it’s essential to have a lawyer review your particular situation to determine how assets will be divided. It’s also important to remember that any assets acquired before the marriage, during a dating relationship, or after a breakup are not considered part of the community property.

Conclusion

When determining who gets the cars in a divorce, it is essential to consider the type of property in question. While some items may be regarded as marital property, others may be classified as non-marital or community property. Knowing how each type of property is treated during a divorce can help you better understand what you are entitled to. If you are considering a divorce or are in the process of one, it is always best to consult with a professional to ensure that your rights are protected. Here at Odyssey, we understand the complexities of relationships, dating, breakups, marriage, and the complex process of divorce. We are here to help. Reach out to us if you have any further questions.

Written by:

Bradley Prouting