As a divorce and child custody attorney at The Blacknall Firm, I understand that the process of ending a marriage can be complicated and emotionally difficult. One of the most common questions I receive from clients is about property and assets. In particular, many people wonder what will happen to their car during a divorce.

Last week, I received a call from a young woman who was contemplating a divorce. She had a vehicle that her husband purchased for her to drive their children around, but he had put it in his name only. She wanted to know if, if they got a divorce, she would be able to keep it.

The first thing she needs to understand is that the vehicle is community property if it was purchased during the marriage. It doesn’t matter whose name is on the title; if he used community funds to purchase the vehicle, it is considered community property.

Now, if she wants to keep the vehicle and the vehicle is financed, she’ll have to refinance the vehicle in her own name, using her own credit and her own income. In determining whether or not she gets to keep that vehicle, that has to be considered. If the vehicle is paid for, she’ll either have to pay him out of his interest in the vehicle or give him some other form of property in exchange for his interest, unless he agrees to give her the vehicle without her giving him anything.

It’s important to keep in mind that every situation is unique, and I recommend that anyone going through a divorce or contemplating a divorce schedule a consultation with an attorney to discuss their specific case. At The Blacknall Firm, we understand the emotional and financial stress that can come with a divorce, and we are here to help. If you have any questions, please feel free to reach out to us.