Updated February 11, 2021
What are Personal Vehicles?
We use the term “personal vehicles” to describe the vehicle you own or lease for your own personal transportation such as the car or motorcycle that you or your spouse uses to get to work, to stores and shopping, etc. This should not be confused with Recreational Vehicles which have a more specialized purpose.
🤔 Understanding how Personal Vehicles affect your divorce.
Personal Vehicles acquired during the marriage are usually treated as marital property. Assets acquired by one spouse but which the other spouse uses regularly during the marriage may also constitute marital property. You and your spouse will need to make the identity of each asset clear. You will also need to determine the present value of your assets to help you determine how to divide the overall value of your marital estate between you. If the asset is encumbered by a loan, you will need to identify the loan account number, the name and location of the lender, the loan balance, and the amount of the monthly loan payment.
As you consider how to divide the assets acquired during the marriage, it’s best to take into account the purpose and primary user of each asset.
Jerry and Sally have two cars they use to get to work, run errands, etc. They took out a loan, and are paying monthly payments, for both cars. Since Jerry normally drives the Ford and Sally normally drives the Chevy, they agree that each party should keep the car they normally drive and assume the remaining debt associated with that car.