Who Gets the Car in a Divorce?
Property division is often one of the most contentious issues in divorce cases. If you are preparing for a divorce in Texas, you may be wondering: Who will get to keep the car? The answer depends on a number of different factors. Vehicles are generally community property in Texas. They are divided on a case-by-case basis. Here, our Pearland divorce attorney provides an overview of the key things to know about who gets to keep the vehicle when a marriage ends in Texas.
Background: Community Property in Texas
Texas is a community property state. Under Tex. Fam. Code § 3.002, all property acquired during the course of a marriage, with a few exceptions like gifts or inheritances, is considered the joint property of both spouses. The presumption of joint ownership extends to various assets, including real estate, bank accounts, investments, and, yes, vehicles. Unless a vehicle is separate property—which generally would mean it was acquired before the marriage—it is owned equally by both spouses even if it is only in the name of one of the parties.
Dividing a Car in a Divorce in Texas: Fair Market Value
One of the more tangible assets that couples typically need to divide during a divorce is the family car. Of course, unlike liquid assets, you cannot simply split a vehicle down the middle. The common solution is to determine the car’s “fair market value”—which is defined as the amount that a willing buyer would pay. Once the fair market value is established, one spouse might “buy out” the other’s interest in the car. In practice, this usually means giving the spouse who does not get the car a greater share of other marital assets to ensure an overall proper distribution.
Collaborative Solutions Often Work Best
While the law provides a framework for asset division, many divorcing couples find that working collaboratively results in the best outcomes. Through mediation or direct negotiation, parties can arrive at mutually agreeable solutions that meet their individual needs and circumstances. For example, imagine that one spouse needs the car for his or her daily commute. The other does not. It would likely be best to work towards a solution that allows that spouse to get the vehicle.
Property Division Disputes: Know the “Just and Right” Standard
Most divorces in Texas are eventually settled. There are plenty of exceptions, though. Despite the community property presumption of a 50/50 split, Texas courts have some discretion when dividing marital assets. They are directed to order a division of the community estate in a manner that the court “deems just and right, having due regard for the rights of each party and any children of the marriage.” In divorce litigation, it is possible that one spouse could be awarded possession of a vehicle based on their established use and ongoing need.
Consult With Our Pearland, TX Divorce Attorney Today
At The Powell Law Firm, our Texas divorce attorney is standing by, ready to protect your rights and your interests. If you have any specific questions or concerns about who gets the car in a divorce, we are here to help. Call us now or send us a message online for a completely confidential initial consultation. From our Pearland office, we provide divorce representation throughout the region.
