How to keep the car during a divorce (practical advice from a lawyer)?

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Most often, divorce is accompanied by division of property, with ex-spouses dividing everything from household appliances and furniture to housing and vehicles. And if, when dividing up less expensive things, they somehow come to an agreement, then the division of expensive joint purchases often develops into a serious conflict, which is sometimes difficult to sort out even in court.

Typically, such conflicts occur when dividing a car, when each of the former spouses wants to take it into personal ownership, but does not want to pay compensation to the other.

When the car remains joint property

Family law determines that any property acquired during marriage using funds from the family budget is considered the common property of the husband and wife (Article 34 of the RF IC). To establish equality of shares, it does not matter which spouse invested more in the acquisition of things. It is even possible that one of them did not work at all, but was engaged in housekeeping and raising children. The principle of equality is established for both movable property and real estate.

After the dissolution of the marriage, the spouses retain equal rights of ownership of the joint property. They have the right to use it jointly or to make a division. Both options can be implemented with the help of a judicial decision or on the basis of a settlement agreement (Article 38 of the RF IC).

The most difficult issue is to resolve the issue of dividing some movable property, because it is simply physically impossible to do this. This applies primarily to the vehicle.

The legislative framework

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Article 35 of the Family Code states that both spouses have the right to use jointly acquired property, including a car, provided that they have reached an agreement among themselves.

In the absence of this document, the purchase or sale of a vehicle can be carried out, but in the future the spouse has every reason to protest the transaction in court, proving that she did not give her consent.

During the court hearing, the spouse must prove not only the fact of ignorance about the sale, but the fact of disagreement.

The process may take several months, depending on whether there are additional issues to be considered. But the spouse has every chance to protest or annul the completed transaction in court.

When the car is not divided

Partitioning a car in some situations provided by law is impossible. Actually, this rule applies to any property. If the car was inherited or was given to one of the couple, then the second spouse does not have rights to the car. Even if the transaction occurred during the existence of the family. True, if money from the general family budget was invested in the repair or improvement of the vehicle, then in the event of division of property the object will be recognized as joint property.

If one of the spouses bought the car before marriage, then it will also remain personal property.

So is it common or personal?

So, you already know that half of the car SEEMS to belong to you. How is a car divided during a divorce? Below we will try to understand the typical legal problems that arise for spouses.

2 ways to partition a car

By voluntary agreement (Part 2 of Article 38). You can make an inventory of common property and “distribute” it among yourself. This is the easiest way to avoid dividing a car during a divorce. You agree that the car is transferred to the other spouse, and he will not claim the dacha/expensive equipment/part of the apartment for this. You can distribute the property in the way that suits you (if you have minor children, you will have to take their rights into account). Then, with the agreement, you go to the notary and have the documents certified.
Through the court. You were unable to reach an agreement with your “ex”, so the fate of the car will be decided by the court. The statement of claim will have to indicate the grounds and reasons for awarding the car to you.

If you don’t want to “saw” a foreign car, you can agree in a notarial agreement on the sale of the car and the division of money. Or you can give the car to your common child.

The car was inherited. Can it be divided?

You got married, and after some time your husband received a car from his mother/father by way of inheritance.

How is a car divided during a divorce if the owner is the husband?

You cannot claim the property because it is legally his (not considered acquired during the marriage).

The corresponding regime is prescribed by Article 36 of the RF IC “Property of each spouse”.

What to do if the husband sold the car before the divorce without his wife’s consent?

Nothing. The law protects the rights of the owner. A man can dispose of property as he wants.

You have 1 loophole specified in Art. 37 RF IC. A car inherited can be recognized as jointly acquired if the second spouse has invested money or effort into it.

An example from life. Let my husband inherit a 1986 “six”. The car was in poor condition, and the wife invested 100,000 rubles in major repairs (engine overhaul, replacement of the bottom and seats, electrical repairs).

In this situation, a woman can demand that the “six” be recognized as joint property. Upon division, she will receive 50%, unless the marriage contract provides for a different legal regime.

The car was given to his wife and registered in the woman's name

You have been legally married for 5 years. In the 6th year, my parents chipped in and gave my wife a Kia Rio X-Line worth 700,000 rubles.

There was precisely a gift agreement concluded through a notary.

In this case, you cannot claim the property: it is recognized as the property of the spouse. As a rule, there are few situations with gifts, since an appropriate agreement must be concluded.

More often there are examples when parents chip in + the husband adds part of the money. Together with his wife, they go to a car dealership, choose a car and draw up a sales contract for the same Kia Rio X-Line.

After 2 years they divorce. The question arises about the “gift” section. People believe that this is a “present” that cannot be shared. But according to the law it turns out differently.

From a legal perspective, you took the money and bought the car while in a legal marital relationship.

What happens if it is registered in the name of my wife? The vehicle is divided 50/50, because the law considers the vehicle to be joint property . “Owner according to documents” does not matter.

The car was given/purchased before the wedding

You announced your engagement. For the celebration, the parents “shared” money for a car. You and your future spouse went to choose it, and on February 21 you entered into a purchase and sale agreement for Hyundai Solaris for 580,000 rubles.

On February 23, 2021, you officially registered your marriage with the registry office. After 2 years you get divorced, the question arises about the fate of the Hyundai.

According to the law, the car was purchased BEFORE THE MARRIAGE, therefore it is NOT jointly acquired property . Hyundai Solaris is recognized as the property of the person to whom it was registered.

Of course, you can indicate this information in the statement of claim, give examples and ask the court to change the ownership regime for the car.

The car was a wedding gift

Again it all depends on the contract. To protect yourself, ask your relatives to transfer the car through a gift agreement (this way you can be sure that the property will belong to you), and not through purchase and sale.

For example, the groom’s parents decided to give the newlyweds their new Renault Logan worth 450,000 rubles. We concluded a gift agreement through a notary, and indicated the groom's surname in it.

It seems that your property is “common”, but the law thinks otherwise. Renault Logan belongs to the person indicated in the gift deed. There can be no talk of any 50/50.

If “Renault” was transferred in words, then the husband’s parents remained the owner. Accordingly, the wife cannot claim part of the property upon divorce.

The car was bought during marriage with the husband's money

The man earned 600,000 rubles, and his wife was on maternity leave at the time (and had no income). For 600,000, my husband bought a Renault Duster and filled out all the documents in his name.

Such property is considered jointly acquired (even when the spouse did not invest a penny), so it will be divided 50/50. The norm is specified in Art. 34 RF IC.

The article states that the right to common property will also belong to a spouse who, during a legal marriage:

ran a household;
looked after children;
did not have independent income for other valid reasons.

It is for this reason that oligarchs and millionaires always enter into a marriage contract when officially registering a relationship..

Otherwise, the spouse, who did nothing, claims a share of the million-dollar companies and turnover.

What to do if the husband sold the car before the divorce without his wife’s consent?

In Art. 35 states that transactions can only be made with the consent of the other half . If this has not been received, the court will declare the purchase and sale invalid due to the lack of consent of the other spouse.

You will have to file a claim in court (transactions are declared illegal only at the request of the “injured party”).

In this case, you will have to prove that your spouse knew (or obviously should have known) about your disagreement with this transaction. If this cannot be proven, the purchase and sale is considered legal.

The car was bought with money donated by relatives

For example, the wife’s parents gave 500,000 rubles, and with this money the wife bought a Lada Vesta.

It seems that the property belongs only to her. But in fact, the Lada Vesta is recognized as jointly owned, so it will be divided 50/50.

True, you can provide for a different procedure in the agreement. If it goes to court, you will have to attach documents confirming your ownership.

To avoid questions, you will have to read the Family Code, marriage contract and judicial practice. Below we will try to consider situations of division of joint property.

Division through court

In most cases, the division of jointly acquired property is carried out with the help of the court. Each spouse has the right to draw up and submit a statement of claim. Considering that the car is not divided into two parts, the judge can make the following decision:

the vehicle becomes the property of one of the spouses, and the other is paid monetary compensation equal to half the cost of the car;
sale of a car with subsequent division of the proceeds between spouses;
the car remains in common use of the spouses, who agree on the rules and procedure for its use.

The issue of dividing a car during a divorce in 2021 may be complicated by the choice of the person to whom it will be given ownership. If only the husband has a driver’s license, then he can count on getting a car. But when each spouse has rights, the judge will assess the extent to which ownership of the car is necessary. For example, if one of the spouses receives the main income by using the car as a taxi, then the car will be given to him. They will also take into account the presence of minor children who need to be transported to educational institutions, as well as the distance of their place of residence from work, etc.

How not to share a car with your second spouse during a divorce through the court.

The lawsuit must be filed in the place of residence of the defendant. If this is not possible, then at the location of the disputed property. Such cases are within the competence of city and district courts of general jurisdiction.

Vehicle valuation

Before going to court, it is advisable for spouses to determine the value of the vehicle at the time of the proposed division. If the car was purchased shortly before the trial, was not involved in an accident, and both spouses agree on the cost, then it will be the starting point for division. For example, the price of a car is set at 850 thousand rubles. If she remains the property of the husband, then he will be obliged to pay his wife monetary compensation in the amount of 425 thousand rubles.

If the vehicle was purchased a long time ago, then you will need to invite an independent expert to evaluate it. It is necessary that he is an active member of the SRO of appraisers and has insurance.

First of all, the specialist will request the title documents for the car, the agreement under which the car became property. Then he will carry out a visual inspection and evaluate the technical characteristics to determine the average cost of similar cars on the market. At the end of the examination, the specialist draws up a report in which he indicates the cost and calculation procedure.

Summary

3 years after selling the car. divorce. does the car fall under the section?
Car division after divorce
Selling a car after an accident
Tax after car sale
Fines after selling a car
Sale of a car after an accident contract

Questions

1. 3 years after the sale of the car. divorce. does the car fall under the section?

1.1. Good evening! No, of course... it doesn’t hit. What to share? The car is long gone. Sold as a defect. The money was spent on the needs of the family. If this is not so, prove that the money was not spent on the needs of the family.

2. While married, my wife and I took out a mortgage for an apartment. I was registered in emergency housing; after the demolition of a dilapidated house, I was given an apartment. Which I privatized and sold. I contributed part of the money to pay off the mortgage and repair our home. And bought a car. Now we are getting a divorce, does the spouse have the right to a car when dividing property? After all, the car was bought with money from the sale of my own apartment.

2.1. Hello, Sergey! As a general rule, all property acquired during the marriage through compensated transactions belongs to the common property of the spouses (Article 34 of the Family Code of the Russian Federation). The opposite will have to be proven. In this case, it will be necessary to prove that the new property was acquired precisely from the funds that were received from the sale of premarital property.

2.2. The spouse does not have the right to divide the car, but you will have to prove in court the movement of money, that is, that the car was purchased with money from the sale of personal property.

2.3. Hello, dear Sergey! Firstly

, this mortgaged apartment, which was purchased during marriage, is, according to Article 34 of the Family Code of the Russian Federation (in short - the Family Code of the Russian Federation) the common property of the spouses.
When dividing it in court, the provisions of Article 39 of the RF IC are applied. Article 39. Determination of shares when dividing the common property of spouses 1. When dividing the common property of spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by an agreement between the spouses
.
2. The court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family. 3. When dividing the common property of the spouses, the common debts of the spouses are distributed between the spouses in proportion to the shares awarded to them
.
Secondly
, according to Article 36 of the RF IC, property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions (the property of each spouse) is his property. This also applies to property purchased during marriage by a spouse with money he received from the sale of his personal property. Good luck to you.

3. During the divorce, I want to file for division of the car, the car was bought during marriage, but with money from the sale of the house, which was given to my spouse, but after the purchase I also invested in the car.

3.1. Hello! What's the question?

3.2. Good evening Yulia, Vasilyeva, in your case this is common property, you cannot prove otherwise in court. “Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (as amended on August 3, 2019, amended on July 3, 2019) (as amended and supplemented, entered into force on June 1, 2019 ) Civil Code of the Russian Federation Article 256. Common property of spouses

ConsultantPlus: note. Provisions of Art. 256 (as amended by Federal Law No. 217-FZ of July 19, 2019) apply to relations that arose after June 1, 2019. 1. Property acquired by spouses during marriage is their joint property, unless the marriage contract between them establishes a different regime for this property. (as amended by Federal Law No. 217-FZ dated July 19, 2019) (see the text in the previous edition) 2. Property that belonged to each of the spouses before marriage, as well as received by one of the spouses during marriage as a gift or by order inheritance is his property. Items for personal use (clothing, shoes, etc.), with the exception of jewelry and other luxury items, although acquired during marriage at the expense of the spouses’ common funds, are recognized as the property of the spouse who used them. The property of each spouse may be recognized by the court as their joint property if it is established that during the marriage, investments were made from the common property of the spouses or the personal property of the other spouse that significantly increased the value of this property (major repairs, reconstruction, re-equipment, etc. .). This rule does not apply if the marriage contract between spouses provides otherwise. (as amended by Federal Laws dated December 30, 2015 N 457-FZ, dated July 19, 2019 N 217-FZ) (see text in the previous edition) The exclusive right to the result of intellectual activity belonging to the author of such result (Article 1228) is not included into the common property of the spouses. However, income received from the use of such a result is the joint property of the spouses, unless otherwise provided by the marriage contract between them. (paragraph introduced by Federal Law dated December 18, 2006 N 231-FZ; as amended by Federal Law dated July 19, 2019 N 217-FZ) (see text in the previous edition) 3. For the obligations of one of the spouses, recovery can only be made on property , located in his property, as well as his share in the common property of the spouses, which would be due to him upon division of this property. 4. The rules for determining the shares of spouses in common property during its division and the procedure for such division are established by family law. (as amended by Federal Law No. 49-FZ of April 24, 2008) (see the text in the previous edition) In the event of the death of one of the spouses, the surviving spouse has a share in the right to the common property of the spouses equal to one-half, unless a different share size was specified determined by a marriage contract, a joint will of the spouses, an inheritance agreement or a court decision. (paragraph introduced by Federal Law dated July 19, 2019 N 217-FZ)

4. Lawyers! During marriage, a car was bought with the parents' money, but registered in the son's name, after some time the son re-registered the car in his mother's name through traffic police (purchase and sale agreement), the son's wife filed a statement with the notary that she was not against such a transaction. After the divorce, the wife filed a claim that the husband disposed of the car without her consent and demanded half the cost of the car under the purchase and sale agreement. Is she right in her demands?

4.1. Of course not. She agreed to the re-registration. And now it’s stupid to say that her opinion has changed. These are her problems. And your son can say that he actually gave her all the money. So let her give half of it. Sincerely.

5. After a divorce, if a spouse breaks a car, then when dividing property, it is divided according to the value of the broken or whole one. And if they divide a wrecked car, do they take the value of the car at the time of sale of the wrecked car, or the value at the time of division of the property? In 2021 at the time of sale 250 thousand, in 2021 350 thousand. What amount will be divided?

This is interesting: What to do after a divorce from your wife

5.1. Good day, Natalia. When dividing property, the value of the entire car at the time of the accident is taken into account.

6. If a car is sold after a divorce, but before a claim for division of property, will half the cost have to be given to the ex-spouse according to the purchase and sale agreement? Or will there be some other estimated value?

6.1. Hello. If the ex-spouse does not dispute the value of the car at the time of sale, then when considering a claim for division of property, you are required to pay half the cost of the sale price.

6.2. Good afternoon. There are two options: - Spouses have the right to independently assess and inventory property during a divorce. — The assessment of the debtor’s property, which is being foreclosed on, is carried out by the bailiff at market prices, unless otherwise established by the legislation of the Russian Federation (85 Art. Federal Law No. 229).

6.3. Good afternoon. It will depend on the position of the second spouse, who has the right to demand the appointment of a forensic commodity examination when considering a dispute in court. If the expert determines a different value for the car, then the spouse who sold the item will be obliged to pay 1/2 of the value determined by the expert. It is also necessary to find out whether, when purchasing a car, funds inherited, received as a gift, or earned by each spouse before marriage were used.

7.1. Hello, Dima! After a divorce, a spouse who sold a car without the consent of his wife (for example) will be obliged to pay half of the value of the car under the contract. If the price under the contract does not correspond to the market price, then the spouse can claim payment in accordance with the actual market value of the car.

8. During marriage, a car was purchased for 744 thousand rubles. After the divorce, the ex-wife filed a lawsuit for ownership of the car, citing the fact that she invested the money to buy the car after selling the apartment that her mother gave her. What kind of property does a car belong to?

8.1. The car is the joint property of the spouses.

8.2. If she proves this, then it will only be her personal property.

Voluntary car sharing

A husband and wife who have a common opinion regarding the ownership rights to property can delimit them without going to the courts. To do this, they will need to draw up a settlement agreement on the division of property. This document is written in any form. If it concerns a car, then you should describe in detail the model, color, engine number, etc.

An agreement between spouses can be drawn up both during marriage and at any time after divorce. It requires mandatory notarization.

On our website you will find a sample agreement on the division of a car between spouses and download it for review.

Agreement on payment of monetary compensation

In the property division agreement, you can specify not only the spouse who will receive the car during a divorce in 2021, but also determine the amount of compensation. The parties themselves establish the amount and method of its calculation. Perhaps this is some fixed figure or a certain percentage of the cost. The main thing when drawing up an agreement is that its terms do not violate current legislation.

Can a car bought before marriage be shared?

It happens that the car belongs to one of the spouses even before marriage. It could be purchased, given as a gift, inherited, won in a lottery, or transferred for indefinite use.

According to Article 36 of the RF IC, such a car is recognized as the personal property of the spouse and is not subject to division. The second spouse has no right to claim the car, even if he regularly used it as a convenient family vehicle.

But there are controversial cases.
Example
Before marriage, my husband had an inferior domestic-made car. After several years of family life, the wife’s persuasion worked, the Lada was successfully sold, and a worthy “foreigner” was purchased instead. How will a car be divided during a divorce?

It depends on how convincing the spouses provide evidence. If the husband proves that he did not take a single ruble from the family budget to buy a new car (and his godfather added the missing money), the car will remain with him. If the wife proves that common family money (for example, set aside for a foreign vacation) or her personal money (for example, proceeds from the sale of jewelry) were used to buy a new car, the car will have to be divided. Moreover, the size of the spouses’ shares in the common property may be unequal.

Thus, according to Article 36 of the RF IC, a personal car that belongs by right of ownership only to a husband or wife is not subject to division. But in some cases, the right to personal property can be challenged.

Let's consider a few more points related to the division of a personal car.

How is a car divided if the husband is the owner?

As mentioned above, according to Article 36 of the RF IC, a car that was...

donated;
received by inheritance;
acquired during marriage, but not with joint marital funds, but with personal funds (for example, proceeds from the sale of other personal property) –

is personal property and cannot be divided between spouses.

Can a husband's personal car be shared with his wife? Yes, such a possibility is not excluded - by completely legal means the wife can achieve, if not the division of the car, then monetary compensation.

Judicially.

Even if the only owner is the husband, the wife can go to court, referring to the provision of Article 37 of the RF IC, according to which, when dividing property, the court takes into account the contribution of the spouses in increasing the value of the property.

Thus, if the wife can prove that during the marriage the car was significantly improved (for example, through major repairs or replacement of spare parts, restoration, painting, modification), from which the value of the car increased significantly, the court may recognize the right to receive monetary compensation commensurate her contribution. When determining the wife’s share and the amount of monetary compensation due to her, the court takes into account the initial cost of the car and its value after the improvements made - it establishes whose funds were used to improve the car (joint marital funds or the wife’s personal funds).

The spouse should present to the court documents confirming her contribution (maintenance and service agreements, receipts for the purchase of spare parts, other documents), appraisal documents, and, if necessary, attract witnesses to testify about the costs of time and effort, as well as initiate an examination of the market value of the car . If the court makes a positive decision, the husband’s car will be recognized as joint property and divided between the spouses, albeit into unequal shares.

On a voluntary basis.

There is another way to achieve car division - voluntary. Even if the husband is the only owner of the car, he can meet his wife halfway, who does not have property rights to the vehicle, and conclude a document with her - a Marriage Agreement (before marriage or during marriage) or a Division Agreement (during marriage or after divorce ). Such a document may contain any voluntary agreements of the spouses regarding the ownership of property, including changes in the ownership regime (for example, from personal to joint property). After all, spouses, like no one else, know all the circumstances of the purchase of a car and preliminary agreements, which can neither be presented nor proven in court. The only conditions not allowed are those that put one of the spouses at a disadvantage compared to the other and violate his property rights.

The main advantage of concluding a marital agreement is the opportunity to reach a compromise and peacefully and voluntarily divide any property.

How is a car divided if the wife is the owner?

Everything that was described above regarding the rights of the wife, if the sole owner of the car is the husband, is also true in the opposite case.

If the car was given to the wife as a gift, was inherited, or was purchased with personal money, it is not shared with the husband.

But the husband has a chance to receive, if not half, then less monetary compensation, even if the wife is the only owner of the car.

First, the spouse can voluntarily “share” - by concluding a Marriage Contract or Agreement.
Secondly, the spouse may try to prove his direct involvement (with joint or personal funds, labor) in increasing the market value of the car - through its maintenance, repair, restoration, modification during the marriage. To do this, you should go to court, preparing documents that confirm the right to a share in your wife’s personal property - contracts, receipts, expert assessment reports, etc.

Frankly speaking, collecting documentation and the process of evidence, as well as the actual trial itself, is not an easy task. To avoid wasting energy, time and money, assess your chances of success by seeking advice from a lawyer. Legal advice on our portal is provided free of charge. If you have a chance to get monetary compensation from your husband or wife, it’s worth fighting for it in court! In this case, you can count on further legal support for your case - from collecting documents to representation in court.

If the car was purchased on credit

It is problematic to divide a car on credit until the debt is repaid. A car pledged to the bank cannot be used in transactions without the permission of the credit institution. Therefore, when carrying out a division, you must first obtain permission from the bank.

Usually, the basic procedure in such situations is fixed in the loan agreement, and you will have to follow it. In such cases, several options are used:

the spouses then continue to repay the loan together, and upon completion, they divide the car;
The car is put up for auction. The debt to the bank is repaid from the proceeds, and the remainder is divided between the spouses;
The credit account is divided into two, and then each spouse pays off their part of the debt independently. At the end of the payments, they again divide the car among themselves;
The loan is then issued to one of the spouses, who pays off the balance of the debt himself and subsequently becomes the sole owner of the car. And the second spouse is paid monetary compensation.

When the debt for the vehicle is repaid, the ownership rights to it are demarcated according to the standard presented schemes.

How to break up peacefully

Thanks to documents on a peaceful resolution of the issue, you can avoid many difficulties and problems, and simply divide the car equally - meaning its monetary component. How to draw up such an agreement?

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A statement of the settlement agreement is submitted to the court, which sets out what the spouses have come to. For example, it is worth indicating who will use the car and who will receive compensation. They may want to sell a particular model and split the proceeds.

If the law is not violated and no one’s rights are infringed, then the court approves this form of agreement. In another case, if the court finds that someone’s rights have been violated, then it cancels such an agreement, and then the division continues.

When drawing up an agreement, you should indicate the name of the court, information about the defendant and plaintiff, and the number of the case that is being considered. Then the title of the document is indicated. In this case, it is a statement of settlement agreement.

The application itself states that the property that is being divided, in other words, we are talking about its make, year, frame number, engine, body, state sign, registration with the traffic police, time of acquisition and place of registration. Then the desire for voluntary sharing is indicated.

At the end, it must be stated that the spouses agree to peace and are ready to amicably part with their property, understanding the consequences of it. You also need to sign and date the agreement.

If there are two cars in the family

It happens that both spouses use cars. Each to their own, but they are common property. The division of such cars through the court will be accompanied by a mandatory expert assessment of the value, unless each spouse agrees to simply take the car they drive and not claim the second one.

Should the car go to the parent with whom the children stay?

Not really

This option is most often used if the car has a significant initial cost difference. In this case, after determining the price, each party can keep their car. But the owner of the more expensive one will be obliged to pay monetary compensation in the amount of the difference between the cost (exactly half).

How to be safe when dividing a car?

If the division of property is delayed

The process of dividing property may be delayed, and the defendant will have time and the opportunity to avoid dividing the car in an illegal way. There are frequent cases of sale and damage. The law does not provide for the mandatory consent of both spouses when selling a car, so you should protect yourself from such situations.

To do this, when drawing up a statement of claim, it is necessary to indicate one more requirement - security for the claim. In this case, the court will prohibit the traffic police from registering the sale of the car, and will also seize the property to prevent its damage.

How to buy a car so as not to divide during a divorce

If one of the spouses thinks in advance about how to leave the car in their property in the event of a divorce, then you can resort to a number of maneuvers. Firstly, it is permissible to draw up a purchase and sale agreement in the name of one of the parents, and then, with the help of a deed of gift, become the rightful owner.

You can also issue a deed of gift not for a car, but for the money that is then used to purchase the car. In this case, the car will also be regarded as the personal property of one of the spouses.

Expert assessment of car value

In some cases, it is impossible to divide a car between spouses until its value is determined. For example, if a car...

was purchased over 5 years ago. During this time, he has already seen our roads and his real value differs significantly from the original;
was bought secondhand. The purchase and sale agreement concluded between private individuals almost never indicates the real cost of the car. And neither the wife nor the court will believe that a car costs as much as a set of pots and pans;
been in an accident or been used in a taxi (which is almost equivalent);
requires major repairs.

To do this, an independent merchandising examination must be appointed and an assessment of the real market value of the car is carried out.

Arbitrage practice

As an analysis of judicial practice shows, dividing a car may be impossible due to its alienation.
Therefore, if the subject of a property dispute is a car, the plaintiff first needs to petition for the seizure of the object in order to prevent its sale. There are many examples of litigation that ended in nothing for the plaintiff after the sale of the car. The division of a car during a divorce in 2021 can be carried out through a personal agreement between the spouses or through the court. As a rule, in such a situation, one of the parties receives ownership of the car, and the other is paid monetary compensation in the amount of half the cost of the vehicle.

Vehicle valuation

From the moment you buy a car until the moment it is divided in court, months or years can pass. During this time, the cost of the vehicle decreases. In addition, the car could have been purchased not from a car dealership, but from the previous owner. Since the real price of a property is rarely indicated in official documents, assessing its value becomes very difficult.

Without having an idea of the value of the car, it is impossible to divide it. Therefore, in a judicial process, an examination must be appointed - it is carried out by professional appraisers.