If you and your spouse are getting a divorce and both vehicles are in your name, do you have to give the spouse one of the vehicles?

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If you and your spouse are getting a divorce and both vehicles are in your name, do you have to give the spouse one of the vehicles?

Asked on February 1, 2012 under Family Law, Georgia

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

Not necessarily. Depends on your state law. Some states like California do require equal division. In that case you either have to give up one vehicle or have to compensate you spouse in a different way, e.g. giving up some other property in exchange for the vehicle. Or, if you and your spouse stipulate that you should keep both vehicles, you do not have to give up any. The other possibility is that if you live in a community property state like California and both vehicles can be traced to your separate property fund, then you should keep both.


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