Who Gets the Car in a New Jersey Divorce?


Divorcing in New Jersey can be tricky, and even relatively small details can be a source of conflict. If you and your spouse shared a car prior to the separation, you may be wondering who will drive away with the vehicle. Although this probably is not as important as child custody or the ownership of real estate, losing your car can still have a notable impact on your life.

You may rely on your car to get to work or to pick up your kids from school. Perhaps you are simply a car enthusiast who cringes at the thought of giving up one of your most prized possessions. Whatever the case may be, it is always a good idea to seek help from a qualified attorney if you think that the division of assets is going to be an issue. A legal expert can help you keep hold of the assets that matter to you most.

New Jersey is an Equitable Distribution State

While many states follow a legal principle called community property, New Jersey follows a different doctrine known as equitable distribution. It is important to note that “equitable” does not necessarily mean “equal.” Assets are divided on a case-by-case basis, often after a judge has reviewed the matter.

Judges make decisions based on who needs the asset most or based on how the assets have been used in the past. Who actually acquired the asset also comes into play. If you are looking for alimony attorney in New Jersey, Giro Law could be your First Choice.

So Who Gets the Car?

In New Jersey, judges often grant ownership of an asset to whichever spouse was using that asset more often. In other words, if you were the one who was actually using the car on a daily basis, you will most likely keep possession of your car after your divorce. For example, you may have used your car to drive to work each day. Perhaps you spent hours each day driving your kids to and from school, to soccer practice, and so on.

If you can make a strong case as to why you need the car after the divorce, the judge is more likely to let you keep hold of your car. For example, you might argue that you need to get to work, and there is no public transit system available.

To make your point even stronger, you might argue that your spouse does not even need the car because they work from home. Situations like these are best handled with the assistance of a qualified divorce attorney. They can represent you in court and make a strong argument for you.

What Happens if I Lose My Car?

Sometimes, spouses must accept that they will lose certain assets as a result of their divorce. However, this is always handled in a fair and equitable manner. If your car has a value of $10,000, you may be entitled to the equivalent of $10,000 in other assets, such as collectibles, furniture, precious metals, etc.

Get Legal Help

If you need help with a divorce and you want to keep hold of your assets, reach out to Giro, LLP, New Jersey Family Attorneys at Law today.

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