When I was engaged I decided to purchase a car, my fianc at the time had to co-sign for the car or I would not have been able to get it. Now we are talking about separating and we are fighting over who keeps the car.

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When I was engaged I decided to purchase a car, my fianc at the time had to co-sign for the car or I would not have been able to get it. Now we are talking about separating and we are fighting over who keeps the car.

When purchasing the car, I was the one to put the money down and he just signed his name. Who’s car is this legally? We are married now.

Asked on December 21, 2016 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Right now, the car legally belongs to both of you, since you both signed for it. If you divorce, the divorce court will consider the car together with your other assets and decide who gets what, based on relative contributions, on need, on current income and ability to support yourselves, etc. Based on what you write, you may well get the car in a divorce, if you have paid more for it--but that's not a given, because the family court has discretion, or freedom and authority, to look at the broad picture of your relationship and finances in apportioning assets.


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