If both of our names are on the truck butmy husband is listedfirst, does it make it his?

Asked on October 12, 2011 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Someone's name has to be listed first--they can't be listed simultaneously. Therefore, as a general matter, the order of listing names on title to some asset (vehicle, home, bank account, etc.) has no bearing on ownership. If the asset is owned in both your names, you would both own it. That is the general rule. Any specific case could potentially differ, if, for example, one spouse provided most of the payment for the vehicle, using non-marital funds (e.g. an inheritance; a gift from his/her own family; money earned prior to marriage, or a trade in a vehicle owned prior to marriage; etc.). It is *possible*, but not likely, that in such a case, one spouse could establish a greater claim to the vehicle, especially in divorce, when the spouses respective contributions, income, assets, and debts are evaluated.


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