How do I separate car loans from my spouse during a divorce?
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.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.