If my wife and I are getting divorced and she purchased a car before we were married, am I entitled to half of it?

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If my wife and I are getting divorced and she purchased a car before we were married, am I entitled to half of it?

Asked on September 8, 2011 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, if a spouse brings certain property or assets into marriage--i.e. she owned them before getting married--then upon divorce, that pre-marriage property remains hers; it is not divided up between the spouses.  There are exceptions, of course--if she agreed to give her spouse an interest in it; if he made payments on it, which could give him an interest (at least to the extent of payments made); if he gave up something of value in reliance on her representation to him that the car was half his; etc. So the general rule would be no, you would not be entitled to half the car, but it is possible that the specific facts of your case might still give you at least a partial interest in the vehicle.  Good luck.


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