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What happens to a car in divorce?

When going through divorce, it is only natural to turn one eye toward the property division process. From your home to your cars to your personal belongings, you wonder what will happen to all of it.

While you are fighting to get what is yours, your former partner will be doing the same. Along with this, the court has their own idea of how things should play out as the process moves forward.

If you don't know how your car will be treated in divorce, this is something to focus on in the near future. Like many, you may rely on your vehicle to get you to and from work, for child care purposes, and much more.

First things first: Was the vehicle purchased during the marriage? If so, it is likely to be considered marital property. For this reason, it will be part of the distribution process. This doesn't mean you won't get the car, but it does mean that it will be up for debate as the court looks at your situation as a whole.

In the event that you purchased the car before the marriage, it is likely that you will be able to keep it.

There is no easy way of saying what will happen to a car in divorce. If it is important to you that you get the vehicle, make it clear to the court. This includes explaining why it's a big deal, such as using it to transport children to and from school.

Property division is always a sticking point during the divorce process. This includes questions of who gets to keep a particular vehicle.

Source: Woman's Divorce, "Assets in Divorce Cars, Motorcycles, and Vehicles," accessed Jan. 21, 2016

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