Will my wife have any claim to it when the divorce happens? 10 Answers as of January 24, 2014

We haven’t filed divorce papers yet. If I pay off one of our cars and trade it in then put the new car in my name only will she has any claim to it when the divorce happens?

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J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
Yes if it is car is purchased during the marriage it is marital property. It makes no difference whose name in on the title.
Answer Applies to: Virginia
Replied: 1/24/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
Yes she will have a claim to all your assets and she will share in all your debts.
Answer Applies to: Texas
Replied: 1/24/2014
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
In Louisiana, if you do not have a prenuptial or post-nuptial agreement, all property gained during the marriage is presumed to be "community property." Exceptions are for gifts that are received by third parties, such as parents, or for damages for personal injury claims. When you have marital property, such as an automobile purchased during the time of the marriage, it will be community property regardless of whose name the vehicle is registered or titled in.
Answer Applies to: Louisiana
Replied: 1/23/2014
John Russo | John Russo
Of course it's a marital asset.
Answer Applies to: Rhode Island
Replied: 1/23/2014
Law Offices of Lauren H. Kane | Lauren H. Kane
If the car was purchased during the marraige she will have a claim to it as it is a marital asset.
Answer Applies to: Pennsylvania
Replied: 1/23/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Yes. If an asset is bought during marriage it is presumed to be community property.
    Answer Applies to: California
    Replied: 1/23/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    If you and your wife are already separated, she will not have any claim to it. For a court to consider you to be separated, they will want to know that you both live separately and no longer share finances/bank accounts. Therefore, as a separated couple, the court would not let her stake a claim to such property.
    Answer Applies to: Ohio
    Replied: 1/23/2014
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Once you file, if you get rid of a community asset (the current car), then you will need to pay her back for her half of it's value, or make some sort of property distribution that gives her more than her equal share to make up for what you traded in toward your own car. If you haven't yet filed when all this happen, then the new car will be a community asset (taking title in just your name won't change that fact).
    Answer Applies to: California
    Replied: 1/23/2014
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    In Nebraska, any items purchased during the marriage with marital funds, regardless of whose name the title and loan are in, are marital and will need to be addressed in the divorce. This is true for assets purchased and debts incurred, regardless of the spouse named.
    Answer Applies to: Nebraska
    Replied: 1/23/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If the car you trade in for another has a community property interest, you will have to reimburse your wife for that amount.
    Answer Applies to: California
    Replied: 1/23/2014
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