Who Gets the Car in an Atlanta Divorce?

One of the most common issues during property division in Atlanta is the fate of the family vehicle. Who gets the car? If you rely on your vehicle for work or family commitments, you might be intent on keeping the car for yourself. But what if your ex also wants the vehicle? How does the family court determine who keeps this important asset? This is a question you might want to raise during your first consultation with a divorce lawyer.

Did You Own the Car Prior to Your Marriage?

One of the most important questions you’ll need to ask yourself is whether you owned the vehicle prior to your marriage. If the answer is “yes,” you may not need to worry about property division, and you’ll probably keep the vehicle after the divorce. If your ex purchased the vehicle before you married them, the opposite is true: They will get to keep the car, and you have no claim to it.

Did You Receive the Car as a Gift or Inherit It? 

If you received the car as a gift or you inherited it, you should always get to keep it after a divorce. This is true regardless of whether you received the car before, during, or after the marriage. Gifts and inherited property fall into the category of “separate property,” and these types of assets are ineligible for property division. Note that this does not apply to gifts exchanged between spouses.

How Does Equitable Distribution Affect Vehicles in Georgia?

Georgia follows a system of “equitable distribution” when dividing property during divorce. Under this system, the family court will consider various factors to determine how to handle assets like vehicles. These factors are numerous and varied, and the court has full discretion to handle each situation on a case-by-case basis.

A judge might consider which spouse has a greater need for the car. For example, one spouse might work from home, while the other might face a 30-mile commute each morning. In this situation, the spouse with the longer commute might receive the vehicle for obvious reasons.

However, the spouse who receives the vehicle might need to provide their ex with something else of sufficient value. For example, the vehicle in question might be worth $30,000. If one spouse receives the vehicle, they might need to provide their ex with approximately $15,000 worth of other assets. This is called an “asset trade” or “buyout.”

Consider making a private agreement with your ex on how to handle the vehicle. If you can avoid court, you’ll save on legal fees. A judge might also force you to sell the car and split the proceeds, which could be problematic if the vehicle has sentimental value to either spouse.

Can a Property Division Lawyer in Atlanta Help Me?

A property division lawyer in Atlanta can help you gain a more comprehensive understanding of the property division process. Although there are a few universal rules regarding property division in Georgia, each case is slightly different. As a result of these varying circumstances, it makes sense to discuss your unique situation with a lawyer and go beyond online research. Contact Buckhead Family Law today to receive further guidance.

Source: 

georgia.gov/file-divorce