Who Gets the Car in a California Divorce?
Your vehicle represents an important asset. You may rely on your vehicle to get to work. As a professional driver, it might be impossible for you to earn income without your car. Putting financial matters aside, your vehicle might be your pride and joy. Perhaps you own a classic car. Maybe you splurged on a Lamborghini during the marriage. Maybe your vehicle is a priceless collectible passed down from your grandpa. Whatever the case may be, you should take a moment to understand who gets the car in a California divorce. Our team of California property division attorneys can help you with that.
Did Either Spouse Own the Vehicle Before the Marriage?
Did you purchase your vehicle before signing the marriage contract? If the answer is “yes,” you probably do not need to worry about the effects of property division. Everything you owned before the marriage is “separate property.” You do not need to divide this property with your ex.
Separate property also includes property you purchased after the date of separation. For example, you might have purchased a vehicle after moving out of the family home. This may also qualify as separate property, and you may get to keep the vehicle after the divorce.
Of course, these rules also apply to your ex. If they owned the vehicle before the marriage, it remains their property after the divorce. There are a few other situations in which vehicles may qualify as separate property in California. If you purchased your vehicle with inheritance money during the marriage, for example, you should discuss this further with your property division attorney in California.
You May Need to Sell the Vehicle and Divide the Proceeds
If you purchased the vehicle during the marriage, it is likely “community property.” In California, spouses must divide all community property in a 50/50 manner. In other words, you may need to sell the vehicle and divide the proceeds fairly with your ex. This might be difficult if your vehicle has sentimental value. On the other hand, selling the car helps you resolve this issue quickly and efficiently. You can use your share to purchase another vehicle.
Divorce Mediation Can Help You Keep the Car
Spouses can pursue more nuanced property division strategies during mediation. For example, you might agree to provide your ex with another asset of equal value. In exchange, you would keep 100% of the vehicle. This could be the right option if keeping the car is important to you. Note that your ex is under no obligation to engage in these negotiations outside of court.
At the end of the day, you must consider the cost of fighting for your vehicle. If the vehicle in question is not worth much, it does not make sense to incur thousands of dollars in legal fees fighting for it.
Fight for Your Assets Alongside a Divorce Lawyer in California
Your car represents just one asset worth fighting for. There are many others to consider alongside an experienced property division lawyer in California. To discuss your property division strategies in more detail, reach out to RM Law Group or call us at 866-706-3160 today. We will help you keep hold of what matters most.
Sources
- https://selfhelp.courts.ca.gov/divorce/property-debts
- https://www.hotcars.com/rarest-american-cars/
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
