For many people, who gets the cars is a big issue in a divorce. Depending on the type of cars involved, they can be some of the most valuable pieces of marital property that are at stake in the divorce.
In general, dividing a car is like dividing other marital assets in a divorce. If the vehicles were purchased during the marriage with marital assets, they will be distributed in the divorce. If you or your spouse owned a vehicle prior to marriage, generally it is not considered a marital asset and is the separate property of the spouse who owned it prior to the marriage.
Also, vehicles given as a gift to one spouse during the marriage are usually considered separate property, and are generally not divided in a divorce. Normally, it does not matter whose name the car is in – instead, what matters is when and under what circumstances they were acquired.
Possession of a vehicle during a divorce can be a hot button topic. Many battling spouses use vehicles as a way to get back at another spouse by refusing to allow the other spouse access to a vehicle.
While a divorce in Pasco County is pending, you may ask a court for a temporary order giving you possession of a car if you need the car and your spouse is refusing to let you use it. If possible, it’s best to work out something with your spouse regarding the use of the vehicles until a judge decides the issue.