Who gets the family vehicle in a divorce?

by | Sep 15, 2021 | Divorce | 0 comments

Going through a divorce can be tough, especially when you have a lot of shared assets. One of the major assets you might have is a car or family RV that you’d like to keep for yourself. You have good memories with this vehicle, so even if it doesn’t make a big difference to you financially, you’d like to be able to keep it.

Indiana is an equitable distribution state, which means that your property will be divided fairly, but that division won’t necessarily be equal. That may give you an opportunity to seek out this family vehicle for yourself if it’s considered marital property.

When won’t a vehicle be considered marital property?

Your vehicle may not be considered marital property if it was purchased before you got married and belongs to your soon-to-be ex-spouse. It may also be separate property if it was purchased with money from an inheritance or was purchased under other circumstances. This can be a complex issue, so it’s important for you to look at the legal options after determining if the property is or is not marital property.

How can you get your favorite vehicle if it is marital property?

If it is marital property, then you can seek the vehicle that you’d like. To do this, you should talk to your attorney about the specific asset you want to negotiate for, and then you can begin doing so through e correct legal steps for your situation. This might include negotiating privately with your spouse, building a case for litigation in court or other methods of handling property division issues.

What could happen if you can’t agree on ownership?

If you can’t agree on ownership of the vehicle, then you may need to look into building a case for it in court. You will want to build a divorce case that discusses the way you’d like your property to be divided. Then, a judge will review your requests as well as your spouse’s to determine how the property should be divided equitably between you. This leaves more to chance, but if you cannot resolve your dispute over a piece of property, you should prepare to go to trial.