What are my rights toa car in a divorce?

My car was used as a down payment for a new car. Plus I paid $1100. The car is soley in my husband’s name. What are my rights to the car? We married in VA but I am still a resident of LA.

Asked on July 16, 2010 under Family Law, Virginia

Answers:

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

Answered 10 years ago | Contributor

And are you residing in Louisiana for the purposes of the divorce?  Louisiana is a Community Property State which means that all property that was acquired during the marriage is split 50/50 by the Court.  Generally, whose name the title of the property is in is not an issue if it was purchased during the marriage.  There are, however, exceptions to all rules and certain scenarios when property purchased while married is clearly meant to stay separate property.  Say, for instance you had inherited money and then had kept it separate and then bought a home in your name only. You could track the funds as coming from the inheritance.  The courts may still view that as separate property rather than marital property.  It is best for you to seek legal help in your area.  Good luck.


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