Whether or not you can keep a car in a divorce if it’s only in your ex-spouse’s name is a common question in divorce proceedings. Divorce often involves complex decisions about dividing property and assets, including vehicles. The answer depends on several factors, including Oklahoma law and the car’s classification as either marital or separate property.
Understanding Marital vs. Separate Property
Oklahoma is an equitable distribution state, meaning courts divide marital property in a way that is fair, though not necessarily equal. To determine whether you can keep the car, it’s essential to understand the distinction between marital and separate property.
The court generally considers any property either spouse acquires during the marriage as marital property, regardless of whose name is on the title. This includes income, real estate, and vehicles purchased during the marriage. Marital property is subject to division during a divorce.
Property that one spouse owned before the marriage or acquired during the marriage as a gift or inheritance specifically for that spouse is usually considered separate property. Separate property is not subject to division in a divorce.
Factors That Influence Who Gets the Car in a Divorce
Even if the car is in your ex-spouse’s name, there are several factors that may allow you to keep it:
- Date of Purchase: If the car was purchased during the marriage, it is likely considered marital property. The court will consider the car part of the marital estate and will determine how to divide it.
- Contributions: If you contributed to the purchase, maintenance, or payments on the car, this could strengthen your claim. The court may consider your contributions when deciding whether you should keep the car.
- Use of the Car: If the car was primarily used by you during the marriage, especially if you relied on it for essential activities, the court might take this into account.
- Financial Situation: The court may also consider the financial circumstances of both spouses. If you have a greater need for the car or are less financially stable, the court might award the car to you as part of the overall division of marital assets.
- Debt: If there is still a loan on the car, the court will consider who has been making the payments and is financially capable of continuing to do so. The court may assign the car and its associated debt to the same spouse.
While these are just some factors, the court will also consider others that may be relevant to your specific divorce.
Negotiating to Keep the Car in a Divorce
You may also be able to negotiate with your ex-spouse as part of your divorce settlement. Here are some strategies:
- Trade-Offs: You might offer to give up another asset in exchange for the car. For example, you could let your ex-spouse keep a larger share of another asset, such as a savings account.
- Buyout: If your ex-spouse agrees, you could offer to buy out their interest in the car. This might involve paying them a lump sum or taking on other marital debts in exchange for the vehicle.
- Debt Assumption: If the car has an outstanding loan, you could agree to take on the responsibility for the remaining payments in exchange for keeping the car.
If you and your ex-spouse cannot reach an agreement on the car, the court will decide the issue. The judge will consider all relevant factors to determine the fairest way to divide the marital property.
If the court determines the car is marital property, it may award you the car in the overall property division. However, if the court determines that the car is separate property, you may not have a right to keep it.
Tulsa Divorce and Custody Attorneys
In Oklahoma, several factors determine whether you can keep a car that is only in your ex-spouse’s name, including when the car was purchased, how you used it, and your contributions to it. Even if the car is titled in your ex-spouse’s name, the court may still consider it marital property.
If keeping the car is important to you, you must negotiate effectively and present a strong case to the court. Consulting with an experienced family law attorney can provide you with the guidance and support you need to protect your rights and secure the best possible outcome in your divorce. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or go online to learn more.