Today, a car is not only a convenient means of transportation but also a guarantee of a comfortable life for a person. The best option is when each spouse in the family has their car registered in their name. But in practice, we are faced with a situation when a couple decides to buy one car to meet their common needs. This is why the issue of car sharing in divorce is so acute when the family can no longer exist as a whole.
How is the car divided?
From a legal point of view, the main nuances when dividing a car between spouses are the time and method of its acquisition. The vehicle will be considered as private property if it was purchased by one of the spouses (or received as a gift) before the official conclusion of the marriage. You can only divide the car that appeared in the family after its Foundation. Such a car must also be purchased with shared funds or in the interests of the family.
The car cannot be divided in kind, because if one of the spouses gets the engine, and the other-the wheels and gearbox, the car will lose its direct purpose, which, of course, cannot be allowed. You can solve all the problems about dividing the car after a divorce if the husband and wife agree on who gets it. If a mutual agreement has been reached, then you need to draw up an appropriate contract, which will specify the new owner of the vehicle, and then notarize the document. It is good if a family lawyer/lawyer is present during the drafting process, who will help resolve any issues that arise. Kasyanenko & Partners Law Company specialists are ready to provide you with their long-term experience in resolving issues related to the division of property in divorce proceedings.
If mutual consent has not been reached, the issue of car ownership falls within the jurisdiction of the court. To start paperwork on the car division between spouses, the husband or wife must apply to the court with the appropriate claim. In this case, the jurisdiction of the court should extend to the place of residence of the defendant. It is important to make sure that the car is not secretly sold to third parties. To do this, you must apply for securing the claim to the same court. This will allow the court to make a decision that will prohibit the alienation of the car before the family disputes are resolved. In this case, the registration authorities will deal with this issue.
How else can the issue be resolved?
Most often, in a divorce, the car goes to the person who uses it. But in judicial practice on the division of property between spouses, there were often situations when the court transferred the car to the possession of a mother with children, taking into account the common interests and capabilities of the parties. It also happens that each of the spouses has 50% ownership of the car, so they have to repeatedly apply to the courts to find out how to use the vehicle.
If one of the spouses took out a loan for a car and did not have time to make all payments on it at the time of divorce, the car remains with the borrower, who in the future must return half of the money spent on the payment to the second party. If the car passes into sole ownership, the second spouse is entitled to receive monetary compensation or property equal in value to the car.