If my husband and I have a car together but we recently separated, is the car considered marital property?

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If my husband and I have a car together but we recently separated, is the car considered marital property?

Asked on January 27, 2013 under Family Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  Separate property also includes property an/or income acquired after separation with no intent to reunite.  A spouse has no claim to the other spouse's separate property.

If the car was purchased during marriage, it is community property in which each spouse would have a one half interest..  If it was purchased before marriage or after the marriage ended or after separation with no intent to reunite, then it is the separate property of the spouse who purchased it and the other spouse has no claim.

If the car was a gift or received as an inheritance, it is the separate property of the spouse who received it regardless if it was received during, before, or after the marriage ends.

 

 


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