How Do I Separate Car Loans During A Divorce?


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Question:

How do I separate car loans from my spouse during a divorce?

New Jersey divorce attorney Diana Megalla
New Jersey divorce attorney Diana Megalla

Answer:

While I am not licensed to practice law in your state, I can give some general guidance on this issue.

The categorization of assets in a marriage as shared, marital, and/or community are all state specific. The title of the asset does not determine whose it belongs to.

For instance, just because a piece of property is titled in your name alone, it may still be considered marital properly if it was purchased during the marriage and with marital money.

During a divorce the parties must divide marital property. As far as marital property goes, it can be defined as any property, other than gifts or inheritances, which was acquired by either spouse during the marriage, unless an exception exists. This also applies to debt.

As such, if you would like to keep the vehicle you may have to either pay the remaining balance on the rest of the vehicle or share in the balance of both debts.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey divorce attorney Diana Megalla, contact Cordell & Cordell.

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