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Family Law Attorneys

Who gets the nicer car after divorce?

If you are like most American families, you probably have a vehicle for every licensed driver in your household. In fact, having two vehicles is almost a necessity and somewhat the standard for most married couples. In the event of divorce, however, married couples may be questioning who gets which vehicle. This might make property division quite a bit more difficult than it ought to be. In the event you and your spouse are splitting up, driving away in the nicer vehicle may depend on how solid an argument you make.

Property division during divorce always hinges on what's considered marital property and what isn't. Unless there is a prenup in place, the timeline and details of how the vehicles were purchased make all the difference in how they are treated in divorce. For example, if the cars were purchased before marriage and never refinanced or cosigned for, determining ownership is simple. Unfortunately, if the vehicles were purchased at any point during the marriage, this determination is made substantially more difficult.

You and your divorce attorney can work together to develop an effective argument for why and how vehicles should be divided. Like most aspects of divorce, the family court uses many different elements to determine property division. In the context of vehicle ownership, the family court may award the more expensive of the vehicles to the higher earning spouse. Likewise, the newer, more reliable of the two vehicles may be awarded to the spouse most likely to use it to shuttle children to and from school.

Property division during divorce is almost always a difficult and complex process. Fortunately, by working with an experienced divorce attorney, the process can be made easier. For information on how you may be more successful with your requests during property division, consider working with a divorce attorney.

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