Who gets a car if it is titled in both of your names?

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Who gets a car if it is titled in both of your names?

My wife and I purchased a car in both our names with her as the primary. We have maintain separate bank accounts and I have paid all monthly payments on the car, including the down payment from my bank account funded solely from my personal income. I have exclusively driven the car. Can my wife legal take the car from me in or before the divorce? What are my rights?

Asked on June 15, 2011 under Family Law, Florida

Answers:

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

Answered 10 years ago | Contributor

You mean that it is titles in both of your names but that he is the primary borrower with the lender?  You just co-signed the loan?  If the car is titled in both of your names then technically you have equal rights to it under the law known as equitable distribution of marital assets. Generally speaking, money made during the marriage is considered marital property regardless of how the account is held. You would need to prove that the money in the account - or a portion of it - was from before you were married or inherited money in order to have it excluded from the pot.  Same goes for your wife.  If you want the car simply ask for it during negotiations.  You may have to give up something else in return.  Speak with an attorney.  Good luck.


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