Who Gets the Car in a Florida Divorce?
When a married couple in Florida decides to get a divorce, one of the most frequently asked questions is, “Who gets the car?” Cars play a vital role in everyday life in Florida. People rely on their vehicles to pick up and drop off their kids, commute to work or school, and run errands.
So, who gets the car in a Florida divorce? In Florida, there isn’t a predetermined rule for who gets the car after a divorce. Generally, like any other asset, the outcome depends on whether the vehicle is considered marital or non-marital property and what constitutes a fair distribution of assets. Let’s discuss this further.
Florida’s Property Division Law
In Florida, the principle of equitable distribution is applied when dividing property during a divorce. However, only marital property is subject to equitable distribution. Marital property includes assets acquired by either spouse during the marriage. This property is distributed fairly between the spouses, but this does not always mean that each person will receive an equal share. The court considers several factors, such as each party’s financial needs, income, and contributions to the marriage, when deciding what constitutes a fair division.
Dividing the Car in a Florida Divorce
The first step in dividing a vehicle in a Florida divorce is determining whether the car is marital or non-marital property. If the vehicle was acquired during the marriage, regardless of whose name is on the title, it is generally regarded as marital property and will be subject to equitable distribution.
But how exactly is a vehicle divided during a Florida divorce? There are a few possible outcomes when dividing a car in a Florida divorce, as discussed below;
1. One Spouse Keeps the Car
The spouse who uses the car more could keep it. However, to ensure fairness in the division, they could be required to compensate the other spouse for its value. This could mean that the other spouse receives a different asset of equal value, or the spouse who keeps the car buys out the other’s share by paying them a cash amount equal to their interest in the vehicle.
2. Selling the Car
The second option is selling the car and splitting the proceeds. This can be a good option if the two parties cannot agree on who will keep the vehicle, or neither wants it. The couple may agree to this, or the court may give this order if they cannot agree.
3. Each Spouse Keeps a Car2
Suppose there are two cars. In such a case, each spouse may keep the vehicle that is in their name or that they primarily use. This approach ensures that both parties have reliable transportation after the divorce is final.
In Florida, the couple can agree on who keeps the car and how the other spouse is compensated. You and your spouse can decide this through negotiation, mediation, or with the guidance of attorneys. Reaching an agreement without involving the court can save you time and money and reduce stress. It also allows you to remain in control of the outcome, rather than leave the decision to a judge.
Contact an Orlando Divorce Lawyer
Our experienced Orlando divorce lawyers at The Arwani Law Firm can help protect your rights throughout the divorce process and ensure a fair resolution. Contact us today to schedule a consultation.
