Legal Question in Family Law in Florida

My wife and I are divorcing. My parents loaned me money to purchase a car for my wife to drive. I am the only one on title. She was supposed to pay and hasn't paid anything. The purchase of the car was made after we separated. Does my wife have any legal rights to the car?


Asked on 1/20/10, 8:10 pm

2 Answers from Attorneys

Carmen Demapan Blind Ear Law Group, PA.

The car would be considered marital property. Depending on debts owed on same, you could split both or if car is paid off, you could include car in calculation for equitable distribution.

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Answered on 1/25/10, 8:25 pm
Brent Rose The Orsini & Rose Law Firm

Generally speaking, all property purchased after of the date of the marriage is considered marital property and must be equally divided at the time of the divorce. Of course, the debt to your parents would also be considered a marital debt, and both of you would be equally responsible for it. If you keep the car, it would be fair for you to pay off the debt. But if she takes the car, it would be for fair for her to pay off the debt to your parents.

Or, one of you can take the car and the other could take something of equal value to the car. That's what Ms. Demapan means when she says "equitable distribution."

It doesn't matter who pays for things during the course of the marriage. It's still considered marital property.

On the other hand, the car was purchased after you separated. Usually, any property purchased after you file for divorce is considered non marital property. But in some circumstances, judges will consider any property purchased after separation to be non marital property. If this occurs in your case, the car will be yours, and your wife will have no claim to it. You may want to speak to a family law attorney about it.

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Answered on 1/26/10, 9:22 am


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