Assets in Divorce
Cars, Motorcycles, and Vehicles
When you're headed for divorce, car and truck ownership is a commonly overlooked issue, but it can cause a lot of grief. Wondering what will happen to the car in the divorce process? Will I get to keep it? Will I be compensated if he retains ownership? Take a look at the questions below to get an idea of what you should keep in mind when splitting up.
How are autos split in divorce?
Dee's Question: My husband has filed for divorce. I need to know if he can legally get my car which if it is in my name and I am currently paying on. Also, can he get my older car which is in my name and is paid for?
Brette's Answer: If your vehicles are marital property, they will be divided in the divorce. This does not mean he will get them, just that they must be considered in the property division, and you can ask to keep them. If you owned them prior to marriage, they are not marital property. » Return to top
Can I get the vehicle my husband bought after we separated?
Diana's Question: I'm in the process of a divorce. My husband has a girlfriend and has already gotten a loan in his name to purchase a vehicle for her. If the vehicle is titled in his name (or his and her name or even just in her name), is there a chance I could get that vehicle in the divorce settlement or at least consider it one of his assets?
Brette's Answer: Not unless he used marital funds to buy it.
What can I do if the car is in his name?
Jeanette's Question: We bought a home under his name 3 years ago, and he signed for my car that I drive and pay for. What can I do if he takes the car?
Brette's Answer: If the car is in his name, he is the legal owner. While the divorce is pending, you can ask for a temporary order giving you possession of the car, since anything bought during marriage is a marital asset. You need to find a way to work out an agreement with him. You might consider going to mediation if you can't do this on your own. You are entitled to some value back from the equity of the home you contributed to. Depending on the value of the car, it might be a fair trade for you to keep the car and him to keep the house. If he agrees to this trade, make sure that he signs the title over to you. » Return to top
Shouldn't I be compensated if he keeps the truck?
Pamela's Question: We purchased my husband's pick up truck in 2008 with our home equity line. Since he will be keeping the truck, my thinking is that I need to be compensated for it. He does not think this is fair. My point is why should I pay for him to have a fully paid for truck at the end of this when it is "his" truck. Am I missing something here?
Brette's Answer: The thing you both need to understand is that all the assets and debts of your marriage are part of the marriage and must be divided fairly. When it's all totaled up, the truck goes into the total assets column and the balance on the loan goes in the total debt column. If he wants to keep the truck, there has to be a way to balance that out - either you get other assets in the same amount, or he assumes responsibility for a corresponding amount of debt. This is all about the big picture - you can't look at one item. You have to look at the entire balance sheet.
Is the car value determined on the date of separation or divorce?
Alexandra's Question: We live in a community property state and my spouse has a car which is community property. Whilst the divorce process is going on for several months, he says that the car will need a repair for several thousand dollars and this amount will be subtracted from the value. Is this fair - the car was fine at the time of separation and now he's claiming repair costs just to get its value down? Or should the car be valued as per separation date?
Brette's Answer: Assets are usually valued as of the date of separation. Good luck. » Return to top
What if he sells the business vehicle before we divorce?
KK's Question: My husband purchased a Medallion Yellow Taxi under only his name. He could get a $300,000 loan out of it, or he could sell and get all the cash; then it's value will be zero. How can I make sure that I get my fair share?
Brette's Answer: If the medallion was purchased during marriage, it is a marital asset and its value goes into the pot of what is to be divided. If it is not a marital asset, you might still have some claim as to this taxi business's increase in value. If he sells the medallion and it is a marital asset, the proceeds of that sale still remain a marital asset and must be divided. I suggest you talk to an attorney who can sit down with you and explain all of your rights.
What if he won't sign over the car like we agreed?
Question: Before our split, we purchased a car with my ex's name being the primary and mine being the secondary on the loan. I got the car in our divorce, however both of our names were to remain on the car until it was paid off. Once the car was paid off, the bank sent the title to my ex because his name was the primary name on the loan. Now he says he made three payments on the car and he will not send me the title unless I pay him for those three payments! What can I do?
Brette's Answer: If the car was to be turned over to you once it was paid for, then that's what is supposed to happen. You can file a petition for a violation with the divorce court which will order him to turn it over or hold him in contempt. I'm not sure I understand how he made payments you were unaware of. The court could decide to order you to repay him for that since you will benefit once the title is turned over to you. » Return to top
Can I give my Harley to my brother before I get divorced?
Pat's Question: If divorce proceeding have not started and we are not legally separated, can I give my Harley to my brother as a gift?
Brette's Answer: You can, but you have to understand that it might be added back in as a marital asset when you do divorce.
Will he have a claim to my car if it's registered to someone else?
Rochelle's Question: I acquired a car last year, but it is not registered in my name as my brother-in-law agreed to stand surety for it. So the car is registered in his name. Can my husband lay claim to anything that is not legally registered in my name?
Brette's Answer: It depends. If you purchased the car, then it is an asset of yours. I'm not sure why you would have your relative take ownership other than in an attempt to defraud the court and your husband. If so, this is dangerous ground you are on and you should talk to an attorney. » Return to top
Do I have to give back the keys if he keeps the vehicle?
Jennifer's Question: My husband is being awarded the truck, and the loan for the truck, in our divorce. He is insisting I give him back my copy of the truck key and the remote since they are for the truck. Can the judge order me to give him the key/remote? He has threatened to take the money he owes me and have the truck re-keyed and then only pay me the balance left over between what he owes me and what re-keying the truck will cost. Can he do this?
Brette's Answer: Why on earth would you want to keep a key and remote for a vehicle that is not going to be yours? There's no reason to keep it. Just give it to him. If you don't, yes, he can certainly take you back to court and the judge can certainly order that the cost of a replacement be taken out of your property division, not to mention the fact that you could be ordered to pay court costs. Stop making this so difficult and just hand the keys over.
Can I have his car towed away if the divorce isn't finalized yet?
Tammy's Question: My husband and I are not divorced yet but have gone through mediation and he has moved out our home. He has gone past the deadline he was given to pick up all of his belongings and left an old pickup truck in the backyard. Can I have it towed off of the property now?
Brette's Answer: If this is a deadline set voluntarily in mediation and not set by the court, then no. In general it's not reasonable to interfere with the other's property without notice and reasonable time to comply.
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Related Articles:
Divorce Property Issues
Divorce and Auto Loan Responsibility
Am I responsible for his missed car payments?
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Brette Sember is a former family and matrimonial attorney and mediator, nationally recognized expert, and author of many books including The Divorce Organizer & Planner, No-Fight Divorce, and How To Parent With Your Ex.  For more information about Brette, see www.BretteSember.com.
This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice.
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