If I purchase a new vehicle while seperated does that become marital property?

Asked over 1 year ago - Norfolk, VA

Living apart for nearly 1 year and are going to get a divorce.

Attorney answers (2)

  1. Michael David Thomas


    Contributor Level 12


    Lawyers agree

    Answered . Not necessarily. If after being separate and apart, you purchase a vehicle with your own money. You don't trade in a marital vehicle... you joint bank account money.... cash in some joint asset. Then this vehicle would not be marital. Be careful and since you are close to the one year mark, make an appointment to see an attorney to file your divorce

  2. Kevin Duane Frank

    Contributor Level 9


    Lawyers agree

    Answered . I agree with Mr. Thomas. If you did not purchase the vehicle with marital funds or trade in a marital vehicle, then there is a good chance your new vehicle is not marital property. Property purchased during the marriage is often considered to be marital property. But the key to that rule is the presumption that the property is for the benefit of the marriage - regardless of whose name is on the title. When something is purchased during the separation - yet while you are legally still married - the presumption that the purchase was for the benefit of the marriage cannot be made. Now is an excellent time to meet with an attorney to discuss finalizing your divorce.

    The information contained in this message is for general informational purposes only. It is not intended to be... more

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