If I divorce my wife but both cars are in her name, does that mean she will get both of them?

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If I divorce my wife but both cars are in her name, does that mean she will get both of them?

Even though they are in her name, aren’t they half mine since we are married?

Asked on May 7, 2012 under Family Law, Oklahoma

Answers:

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

Answered 8 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

If the cars were purchased by your wife before marriage, they are her separate property and you have no claim.  If the cars were purchased during marriage with your wife's separate property income (income before marriage), the cars are her separate property and you have no claim.

If the cars were purchased during marriage with income during marriage (community property income), the cars are community property and you would have a one half interest in the cars.  If the cars were purchased during marriage with your wife's separate property income and some community property income, you would have a proportionate interest in the cars based on one half of the percentage paid from community property income. 

If you don't live in a community property state, other rules may be applicable.

 


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