If you are getting a divorce, your biggest concerns are probably who will get your house and custody of the children, child support, alimony, and how to start a new life. For some couples, who gets the cars is one of the big issues. This is especially true if there are loans financed in both names or the vehicles are worth a lot.
Generally, dividing cars in a divorce in Georgia is similar to dividing other types of assets. If the cars were owned before marriage by one spouse, the car is normally not considered a marital asset – instead, it is the separate property of the spouse who owned it prior to marriage. If, however, the vehicles were purchased during the marriage with marital assets, they are distributed in the divorce. The division of the vehicles normally is not dependent on whose name the car is titled, but rather what is an equitable distribution of the assets. What is equitable is determined by a number of factors including but not limited to the total value of marital assets and debts between the parties, the contributions to the marriage of each spouse, the amount of debt each spouse is taking on post-divorce, among other factors. It is not unusual for spouses to create a “marital balance sheet” listing what debts and assets each spouse is being or should be awarded in the divorce to see what percentage of the debts and assets each spouse receives.
During and after the divorce, who has actual possession of the vehicle can sometimes be a very sticky issue. In some cases, spouses who are fighting may refuse to give each other access to one or both of the vehicles. If you are having an issue with possession of a vehicle during a divorce, you can ask a court for a temporary order that gives you possession of the car while the divorce is pending.
If you want to speak with an attorney about ownership and possession of cars during a divorce in Georgia, call Shalamar Parham, Atlanta Divorce Attorney, at 678-439-1482 for a consultation.
Shalamar J. Parham is a divorce and child custody attorney in Atlanta, Georgia. She is a 2014-2019 SuperLawyers Georgia Rising Star honoree. She advocates for her clients with the goal to get them a final resolution that brings them more peace and a new, fresh start at the conclusion of their matter.
Parham Law Firm
400 Galleria Pkwy, Suite 1500
Atlanta, GA 30339