Having access to a vehicle is a must for practically every family. The question of how to divide the assets between the divorced spouse comes up rather frequently. Everything is one-of-a-kind in its own right. When someone gives you a car or inherits one, you have the option of purchasing it with your own funds or borrowing money to pay for it.
The matter is dealt with on an individual basis in each instance. For example, of you are away from the car and decided to file for divorce in Ohio online how can you the access to your vehicle? In this article, we’ll go over the different aspects of a divorce vehicle split, as well as the different options for distributing property, the process of completing an evaluation of the value of property, and the process of dividing property by agreement of the parties and through the court system.
Is the car bought before marriage divided?
If the car was purchased before the marriage, it is not considered to be part of the property to be divided in the case of a divorce, and hence is not subject to division. It is possible that the issue will be contested if one of the couples purchases the automobile before the marriage is formally recognized. After a divorce has been finalized, any property, including an automobile, can be shared or claimed as a separate claim after the divorce has been finalized.
Features of the car dividing
Indivisible property or an item is defined by the law as property or an object that cannot be split on the basis of sort. Aside from that, whatever property acquired by the spouses throughout the course of their marriage is considered joint property between the two of them.
Automobiles are regarded as indivisible property since they can’t be separated without inflicting irreparable harm to the owner. Based on this information, there are a variety of options for dividing a car during a divorce.
Divorce car sharing agreement
When it comes to property allocation, the existence or absence of an agreement between the ex-spouses as to who would be in possession of the family car following the divorce is one of the most important aspects to take into account. This is how a couple may opt to divide the car in the following circumstances:
- Leave it for one of the spouses free of charge;
- Sell, and share the proceeds equally;
- Leave the car for one of the spouses, obliging him to pay monetary compensation to the second spouse.
Making an agreement with your spouse on the distribution of shared property, such as a car, is better when it comes to the division of assets (or ex-spouse, if you divorced). As soon as you have agreed to the terms of the agreement, you should take the paper to your local notary to get it notarized. Consequently, both parties to the contract will be shielded against any future claims as a result of this legal action. Unfortunately, a fighting and disintegrating family makes it impossible to come to a consensus on anything.
Partition of a car in court
Separate from the question of whether or if there is any other property subject to division in a divorce, the procedure for extra procedures will be established. Nonetheless, this question will only be resolved at the trial, when the judge, after hearing both parties and analyzing the materials submitted, will make a decision and declare the car to be the property of the plaintiff. The court may:
- Leave the automobile in the possession of one of the spouses, requiring the other to compensate the first in the amount of half the cost of the vehicle;
- Leaving the automobile to one spouse as part of other property while granting the other party more property or money is a common practice in divorce cases.
If one of the spouses also owns other property, the car may be included in his or her share of the marital estate. Alternatively, it is likely that the vehicle was the only significant joint asset that the couple accumulated throughout their period of marriage. The court will normally award the automobile to whichever spouse has used it the most frequently throughout the marriage, and it will compel that spouse to compensate the other spouse with half of the car’s original purchase price if the other spouse has not.
An impartial appraiser must, however, analyze the car in question before a decision can be reached by the court system. In addition to the cost of an expert’s services, a state duty will be owed, the amount of which will be decided by the amount of money awarded in the claim. The costs of the examination are divided equally between the spouses in proportion to the resolved claims, with the plaintiff covering the state charge out of his or her own funds.
If you’re asking the court in the defendant’s hometown to split up marital property, you’ll need to include the following papers with your statement of claim:
- divorce certificate and court decision on divorce;
- technical passport of the vehicle;
- expert opinion on the value of the car;
- other documents relevant to the case: receipts for the passage of MOT, confirmation of expenses for a car by one spouse, a copy of a driver’s license, etc.
It is important for the court to know which spouse has a driver’s license and who truly requires a vehicle. So, a husband who needs a car to continue working is more likely than his wife, who doesn’t even have a driver’s license, to be the one to get this property. It’s also possible that a couple has two small children who need to be transported to school, kindergarten, or the hospital while their spouse is unable to drive for three years.
How is a credit car divided in a divorce?
Adding a loan agreement to the list above is necessary if the automobile was acquired on credit and not entirely paid off at the time of the divorce. Regardless of who gets the loan, if the automobile was purchased during marriage, it will be joint property.
Ultimately, the court will decide which of the spouses will be obligated to pay the remaining balance of the loan obligation and under what terms.
When dividing a credit automobile, the court has the option of: giving the asset to one spouse and requiring the other to make a restitution payment. If the debt on the loan is small or if the spouse whose name is on the loan does not object to such a result of the case, it is permissible to compel the spouses to sell the automobile and split the money equally. With the cooperation and suggestion of the spouses.
