If I divorce, am I able to keep any personal property and cars that were obtained before the marriage?

Asked about 1 year ago - Berkley, MI

I have two cars currently in my name. One was acquired before the marriage and is fully paid for. The other I just financed five months ago. I would like to keep both once the divorce is final and I just want to know how the property will be split. Thank you.

Attorney answers (4)

  1. Neil M. Colman

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . You state the first car was fully paid. When? If payments were made during the marriage, then the court can include this claimed separate/premarital asset. One must keep in mind, however, that there is no prohibition against a court including premarital property in division of assets, depending upon circumstances including, but not limited to, length of the marriage and whether premarital assets are necessary for the support of the other party. There are 2 statutes that give the court discretion to include premarital/separate property.

    Neil M. Colman

    Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an... more
  2. David B. Carter Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . How long was the marriage? This question really needs to be answered first.

  3. Lee Alan Thompson

    Contributor Level 20

    2

    Lawyers agree

    Answered . The one before should be your separate property unless marital money was put it into but even then, probably not a big problem. The one after the marriage is marital property and unless you put a giant down payment on it probably has little equity to divide. Consult an attorney.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful"... more
  4. Dean George Tsourakis

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The one before the marriage is clearly yours. The other is marital property and the judge can order it be sold but generally if you want to take the debt, then you can take the car.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Separate property in a divorce

Separate property generally refers to property that is acquired before marriage. However, gifts and inheritances are also separate property.

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