Why did I put my car in her name after divorce?

I had a car before I got married, and my car started giving me problems. My spouse suggested that we let my car go and get another car. We put the car in her name due to my credit problems, but I have paid all the car notes. Now we are divorced, and she wants to take the only transportation I have.

How is a car divided in a divorce?

In equitable distribution states, judges divide property equitably, but not necessarily 50-50. If one spouse wants to keep a car purchased during the marriage, he or she can try to explain to a judge why that would be a fair result. It’s possible that spouse has a greater need for the car – in order to get to work or take the kids to school.

Can a car title be turned over in a divorce?

If the other party ends up getting the car in the divorce, you may have to turn it over to their name only so your name is no longer attached to it. A car title, also referred to as ownership, is a document that proves who owns a vehicle. You must have it in order to complete the car registration process.

Can a car be an asset in a divorce?

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.

Who is the owner of the car in a divorce?

If one spouse purchased and paid for the car completely, that individual is the owner. If both spouses have their names on the title, each is considered 50 percent owner. In states that follow community property laws, property acquired during a marriage is divided evenly during divorce.

What to do with the car after divorce?

Whoever keeps the car should buy the other spouse out with cash or a transfer of some other property worth $2500. Keep in mind however, that if any debts or reimbursements are owed between the spouses, those will come into play when it’s time to true up the division of property and debts.

Can a car title be changed in a divorce?

Brette’s Answer: The question is who got the car in the divorce. If it is yours you should get that title changed to your name alone. If it is yours you have every right to cancel the plates. If he owns the car it needs to be transferred to his name.

How to clear a car loan during a divorce?

You and your spouse pay the money to clear the loan and then agree to sell the car for its blue book value, dividing the proceeds. Or, one or the other of you can take ownership of the car and pay the fair amount for it to your ex. Your spouse was supposed to refinance the car and get your name off the loan agreement six months ago, but never did.

Can a wife have a car in my name?

The car is in my name only at no point does her name appear on any paper work on car. If the car is in your name, (on the title), you can assert ownership. In California, however, it’s a community property state. You’re smart to not want to risk your credit with that deadbeat. But, you need a court decree awarding you the car.

Can a divorce order give you possession of a car?

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.

When to turn a car title over to a spouse in divorce?

If you and your spouse jointly owned a car, both of your names are likely on the title. If the other party ends up getting the car in the divorce, you may have to turn it over to their name only so your name is no longer attached to it.

Can a car be divided in a divorce?

Brette: Generally items acquired during marriage are marital property and are divided in the divorce. If a car was a gift to you it is your separate property, however there may be a question as to whether you converted it to marital property since the title was in his name.

Can a car be considered marital property in a divorce?

Brette’s Answer: If your vehicles were bought during the marriage and are considered marital property, they will be distributed in your 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.