I purchased vehicle in my name only and want to know when we divorce in Texas if i will have to split since he doesn’t own one currently?

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I purchased vehicle in my name only and want to know when we divorce in Texas if i will have to split since he doesn’t own one currently?

Asked on July 3, 2009 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, only one of you will get it; you will to have to trade turns as it were.  If it is in your name that would most likely be you.  If there is other property, that will be split however, so if you get the car he will be entitled to something else.  That having been said, you may have to buy out "his share" of the car.  It all depends on your assets and the specific circumstance of the case; for instance what money was used to buy this assest - seperate or community property? 

Speak to your attorney about this.  They will know more.

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Texas is a community property state.  Regardless of the title on the vehicle, if it was purchased during the marriage with community property funds (any money earned during the marriage), then it belongs to the community and will be equitably divided by the court.  If, on the other hand, it was purchased with separate funds, i.e., money your inherited, or earned before the marriage that was not comingled with marital funds, or money from settlement of a lawsuit, then the vehicle will go to you.


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