Can I keep the car in a divorce?

My husband and I have been married for 4 years and I’m filing for divorce. I’ve been a stay-at-home mother the entire marriage. He purchased a car for me a year and a half ago but he is still making payments and it is in his name. He also has his own vehicle in his name. I have no money/credit to purchase another vehicle. What are the chances of me getting the car with him continuing to make payments in lieu of direct alimony payments? Also, everything we have is in his name except our checking account has both names.

Asked on August 21, 2012 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  I think that if you could speak with ana ttorney - either legal aid or a law school clinic or pro bono (free) law service through your local bar association - it would be in your best interests.  Generally, assets purchased or earned during a marriage are marital proeprty regardless of whose name they are in.  So I would request the car be awarded to you.  Do not give up the alimony in exchange for the car at this point and put nothing in writing unless you have legal counsel.  Good luck.

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