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Who Gets the Car in a Divorce? Georgia Insights

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Dividing assets during a divorce can be complex, especially when it comes to vehicles. At Hobson & Hobson, P.C., we understand that questions like “who gets the car in a divorce” are among the most pressing for our clients in Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth. This article provides a clear, professional overview of how Georgia law treats vehicles in divorce, what to expect if you’re buying a car after separation before divorce, and how to protect your interests.

Understanding Car Division in a Georgia Divorce

Marital vs. Separate Property

In Georgia, vehicles acquired during the marriage are generally considered marital property — regardless of whose name is on the title. This means that even if only one spouse’s name appears on the registration, the car is likely subject to division. Vehicles owned before the marriage, or received as a gift or inheritance, are typically separate property and remain with the original owner.

Key Takeaway: The source of funds and timing of purchase matter more than whose name is on the title.

Equitable Division, Not 50/50

Georgia follows the principle of equitable division — not community property. This means the court divides marital assets, including vehicles, in a manner it deems fair, not necessarily equal. Factors considered include:

  • Length of the marriage
  • Each spouse’s income and debts
  • Contributions to the marriage (financial and non-financial)
  • Future needs of each spouse

For more on Georgia’s equitable division laws, see the Georgia Code.

Common Scenarios: Who Gets the Car in a Divorce?

1. Car Purchased During the Marriage

If the car was bought during the marriage, it is marital property — even if only one spouse drives it or is listed on the title. The court may award the car to one spouse and offset the value with other assets to ensure fairness.

2. Divorce Car in Both Names

When a vehicle is titled in both spouses’ names, it is clearly marital property. The court may:

  • Award the car to one spouse, with the other receiving compensation
  • Order the car to be sold and proceeds divided

3. Buying a Car After Separation Before Divorce

If a spouse buys a car after separation but before the divorce is finalized, the classification depends on the source of funds:

  • Marital funds used: The car may still be marital property and subject to division.
  • Separate funds (post-separation earnings): The car may be considered separate property, but this can be contested.

4. Can Your Spouse Take Your Vehicle?

If the vehicle is marital property, either spouse can request it during the divorce. The court will decide based on equitable division. If it’s separate property, your spouse generally cannot claim it.

5. Husband Sold Car During Divorce

If a spouse sells a marital car during divorce proceedings, the court may require them to account for the proceeds. Selling marital assets without the other spouse’s consent can negatively impact the seller’s position in court.

6. My Husband Bought a New Truck While We Were Separated

If your husband bought a new truck while separated but before the divorce was finalized, whether it’s marital or separate property depends on the source of funds and timing. If marital funds were used, it may be subject to division.

7. What Happens If You Buy a Car During a Divorce?

Purchases made during the divorce process with marital funds are likely marital property. If the purchase is made with separate, post-separation funds, it may be considered separate property, but this is fact-specific and may require legal argument.

Georgia Laws and Guidelines

Georgia law gives judges broad discretion in dividing marital property, including vehicles. The court’s primary concern is fairness based on the unique circumstances of each case. There is no automatic 50/50 split.

For more information, visit the Georgia Department of Law Consumer Protection Division.

Professional Tips for Dividing Vehicles in Divorce

1. Document Everything: Keep detailed records of when and how vehicles were acquired, including titles, purchase receipts, and the source of funds.

2. Avoid Selling Assets: Do not sell or transfer vehicles during divorce proceedings without court approval.

3. Negotiate When Possible: If you can reach an agreement with your spouse on vehicle division, you may avoid court intervention and additional stress.

4. Consult an Attorney: Asset division can be complex, especially with vehicles purchased or sold during separation. Legal advice is crucial to protect your interests.

5. Consider the Practicalities: Courts may award a vehicle to the spouse with greater need, such as for work or transporting children.

Trends and Insights

  • Increased Scrutiny: Georgia courts are increasingly scrutinizing purchases and sales of vehicles during separation, especially if one spouse attempts to hide or dissipate assets.
  • High-Value Vehicles: Litigation over high-value vehicles and car collections is on the rise, particularly in high-asset divorces.
  • Documentation is Key: Courts look favorably on parties who provide clear documentation and act transparently.

For more on asset division trends, see Nolo’s Guide to Property Division.

Frequently Asked Questions

Who gets the car in a divorce if it’s in both names?

The court will treat the car as marital property and divide it equitably. This may mean awarding the car to one spouse and compensating the other with different assets.

Can your spouse take your vehicle if it’s your only transportation?

Courts often consider practical needs. If you rely on the vehicle for work or transporting children, the court may award it to you, but may offset the value with other assets.

What if my husband sold the car during divorce?

If a marital vehicle is sold during divorce, the proceeds become part of the marital estate. The court may also penalize the spouse who sold the car without consent.

What happens if you buy a car during a divorce?

If marital funds are used, the car is likely marital property. If purchased with separate, post-separation funds, it may be separate property, but this can be contested.

Is it wise to buy a car after separation but before divorce?

Consult an attorney first. Using marital funds can complicate property division. If you must purchase a vehicle, use separate funds and keep thorough documentation.

Why Choose Hobson & Hobson for Your Divorce?

With over 30 years of combined experience, our attorneys at Hobson & Hobson, P.C. have the expertise to handle even the most complex divorce and asset division cases. We leverage advanced technology for efficient case management and prioritize clear, client-focused communication. Our approach balances empathy with aggressive advocacy, ensuring your parental rights and financial interests are protected.

We offer initial consultations to discuss your unique situation and provide tailored legal guidance. Learn more about our services at thehobsonlawfirm.com.

Additional Resources

At Hobson & Hobson, P.C., we are committed to helping you make the best legal decisions during challenging times. If you have questions about who gets the car in a divorce, or any other family law matter, contact us today for a consultation.