Who Gets the Car in an Atlanta Divorce?

Your car is more than just a mode of transport. It’s the key to independence, freedom of movement, and much more. You might depend on your car for your career. Perhaps you rely on your vehicle to travel to family gatherings. Whatever the case may be, you might need to fight for your vehicle during a divorce in Atlanta. But how exactly do you do this, and how can an experienced property division lawyer help?

Is Your Vehicle “Marital Property?” 

The first step should be to determine whether your vehicle is “marital property” or “separate property.” If it falls into the latter category, you can walk away with your vehicle without “dividing” it with your ex.

Your vehicle is separate property if you acquired it before you signed the marriage contract. You should also get to keep your vehicle if you purchased it after either spouse moved out of the family home. Finally, you can keep your vehicle if you received it as a gift or through inheritance.

How Exactly Do I “Divide” a Family Vehicle? 

If your vehicle falls into the category of “marital property,” you’ll need to divide it with your ex according to Georgia’s equitable distribution laws. This property division process does not actually require you to physically divide the vehicle (no one will ask you to cut your priceless sports car in half). However, you may have to sell the vehicle and split the proceeds with your ex.

Selling the car and dividing the proceeds is usually the most straightforward way to deal with this issue, especially if spouses cannot agree on how to handle the dispute. If spouses can negotiate effectively outside of court, however, they may be able to trade this asset. Buyouts might also be possible.

An asset trade involves trading the car for something of equal value. For example, you might agree to take the car in exchange for handing over the family pet. Perhaps you’ll trade the car for a set of jewelry. Whatever the case may be, this can be an effective way to deal with the vehicle without selling it.

Buyouts may also be possible. For example, a spouse might desperately want to keep hold of a vintage automobile. As a result, they might simply buy the other spouse out with a cash payment. Other deals and strategies may also be possible, so discuss your unique situation with a divorce lawyer.

Can a Property Division Lawyer in Atlanta Help Me? 

A property division lawyer in Atlanta may be able to help if you want to keep hold of your vehicle after the divorce. Whether you have a truck, an SUV, a sedan, or a motorcycle, you deserve a reliable mode of transport when the marriage ends. Although you might not walk away with the specific vehicle you want, you deserve at least an equal share of marital property. Speak with Buckhead Family Law to learn more about the next steps.

Source:

 rules.sos.ga.gov/gac/120-2-52