Divorce And Vehicle Ownership
When you and your partner are going through a divorce, emotions can either run low or high. In the event they are in the latter category, things can get a little out of hand at times. In fact, you could say they may even get overheated.
For those couples wondering about who gets to keep the family vehicles, the answer is not always as clear-cut as one might think. If you both have your own vehicles, something that one or both could argue is the case, things tend to drive forward more smoothly. In the event, however, that you bought one or both vehicles together, then they fall under the classification of community property. In those cases, coming to a quick resolution of who gets which vehicle, etc. can get stuck in neutral.
Family Law Attorney Can Assist In Determining Vehicle Ownership Rights
By reaching out to a family law attorney in Seattle, things oftentimes can be more easily hammered out. In working with a Seattle family law attorney, you are able to break down which individual truly should get primary ownership of each vehicle when you are officially calling it quits.
Among the areas of discussion:
- Community property – Any purchases (such as cars and/or trucks) made following the marriage date and prior to a separation and/or divorce is looked upon as community property. As a result, they will typically be split evenly at the time of divorce.
- Value of vehicle or vehicles couples own – Although the court will usually split the assets a couple has right down the middle, keep in mind that the fair market value of the vehicle/s involved will be discussed. Each of the parties would be eligible for 50% of the value of the car or truck. The best-case scenario is for the individual maintaining the vehicle to offer and buy out his or her soon-to-be ex-partner’s share of the vehicle. In doing so, he or she will then have full ownership of the vehicle.
- New vehicle purchase – Lastly, in the event one or both of you were considering buying a new car or truck, hold off until after your divorce is official. This is especially true for the party who might be claiming that the pending divorce will leave them in a financial bind. Most courts will not look all that kindly on one of the individuals buying an expensive new vehicle while the divorce is still unfolding.