How to Get Possession of Your Automobile During a Divorce

Your car is one of your most necessary possessions. Make sure you will be able to keep it after your divorce.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Kelley Blue Book

1. Understand that the best way to make sure you keep your car after a divorce is to never let your spouse drive it and to make all the car payments yourself.
2. Keep records of car payments you have made. If possible, pay for them from a bank account in your name alone.
3. Know that if you and your spouse share a car, you will need to show the court that you need the car more than your spouse does. The person who uses the car to drive to a paying job is far more likely to be awarded the car. If you don't have a job, get one.
4. Demonstrate to the court that you need the car to drive to get groceries, (if you aren't within walking distance), to take children to activities and to do charitable work (if you do any).
5. Realize that if you or one of your children who lives with you has a medical condition that requires frequent care, you will be more likely to get the car.
6. Recognize that if you make more money than your spouse and want to keep the car, you may be required to pay a sum of money to your spouse so that he or she can purchase a car.
7. Do know that if you owned the car prior to the marriage it is your separate property and will be yours after the divorce, unless your spouse contributed to the car payments or upkeep of the car during marriage. In this case, your spouse would be entitled to a portion of the value of the car.
8. Expect that in most cases property will be divided somewhat evenly between spouses, so if one gets the car, the other will get something of equal value to balance it out.

Tips & Warnings

• Use the Blue Book to determine the value of your car so you understand what a fair settlement would be.