Question:
I own both vehicles my wife and I drive, and the car payments are automatically deducted from my pay.
Would my wife be entitled to receive one of the vehicles in a divorce if I am the owner who pays for the car?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
In my state, any assets (either tangible or liquid assets) are considered marital property if they are acquired sometime from the date of marriage to the date of separation.
When there are marital assets, during the equitable distribution process, the marital value of those assets are taken into consideration along with the marital debts.
The marital assets and debts are then divided in an “equitable” fashion, meaning the assets and debts will be distributed between the parties through agreement or, if the court is involved, in a way that the court determines is equitable.
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There are several factors that go into determining what the court believes in equitable.
Some of those factors are the age, health, education, length of marriage, and, if there are minor children, who is the primary caretaker of the minor child.
Therefore, some divorce distributions do not end in an equal 50/50 division of the assets and debts of the marriage.
Thus, there is no guarantee that your wife would be entitled to a vehicle after the divorce, dependent upon the assets and debts of the marriage.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Philadelphia Divorce Lawyer Caroline J. Thompson, contact Cordell & Cordell.