How a car is divided during a divorce during a divorce: is it possible not to divide the car?

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Unfortunately, divorce is most often associated with the process of dividing property. In Russian legislation, this issue is largely regulated by the Family Code. Its articles establish what type of property can be divided, in what shares, as well as possible participants in such a transaction. The topic of dividing a car during a divorce in 2021 deserves special mention, given that the vehicle falls into the category of indivisible property.

If the car was purchased before marriage

When dividing the property of former spouses, it is necessary to focus on the articles of the Family Code. So Art. 36 strictly states that all property acquired by husband and wife before marriage is considered their personal property. This means that it will not be possible to divide it during a divorce. But there is one exception to this rule.

The second spouse has the right to claim, for example, the division of a car or other property if funds from the family budget or personal savings of the second spouse were invested in its improvement. The best example would be this situation. Let’s say a citizen bought a used car before marriage, then got married, and a few years later the family decided to get a new, spacious car. For this purpose, the old car was sold, and then a new car was purchased, money from the family budget was invested in the purchase. Or a new car was not purchased, but the old one was repaired at a shared cost.

If the owner is the husband

If only the husband is the owner of such an improved car, then the wife still has a chance to get her share. To do this, she will need to collect all documentary evidence that confirms the fact that the general money or her savings were contributed to improve the car.

Receipts from a car repair shop or car dealership are suitable for this. A bank printout of the movement of money from an account or bank card may also be useful. The most ideal option is a check that shows, for example, that the invoice issued by the auto repair shop was paid from the wife’s bank card, etc.

Having collected all payment documents and filed a claim, the wife needs to file them in a court of general jurisdiction. It would be a good idea to obtain prior legal advice.

You can download a sample statement of claim for the division of a car during a divorce on our website.

In this case, the spouse cannot necessarily count on dividing the car in equal shares. Perhaps the court's decision will be an order for the payment of some monetary compensation. During the hearing, they will probably request a certificate of valuation of the car. Then the judge will compare the cost of the car at the time of purchase and divorce, and divide the resulting price difference in half. This will be the amount of compensation payments. But there are many options here.

When the owner is the wife

When dividing a car in 2021 between spouses, Russian law in no way focuses on gender. If the car belongs to the wife, then it will remain her property. If it is jointly acquired property, it will be divided in equal shares. Those. all of the above about the owner-husband is equivalent to the owner-wife.

Voluntary agreement

If the spouses cannot agree voluntarily, then they need to go to court, and this incurs additional costs:

Payment for expert services
Government duty
Lawyers and stuff

The settlement agreement is concluded voluntarily and must be certified by the court.

The settlement agreement should set out the key terms of the division. This document will help you save money when paying for specialist services. The agreement also quickly comes into force.

When dividing, an important factor is the presence or absence of an agreement between husband and wife. They must determine who will become the owner after the divorce. There are also other division options:

Selling a car. Proceeds are divided equally
The vehicle is transferred to the husband or wife free of charge
The vehicle goes to one of the spouses, the other pays monetary compensation

The best option is to have an agreement on the division of all property, including a car. The decision made must be documented and notarized. This action insures the spouses against problems in the future. However, in a couple that is falling apart, it is sometimes very difficult to reach an agreement.

Through the courts

A claim can be filed (Article 38, SK):

During marriage.
During the termination procedure.
After a divorce, within three years, if the transaction is contested - within 12 months.

We suggest you read: The apartment was purchased during marriage, but there is only one owner: how it is divided during a divorce.
You should not delay filing the application, as over time the likelihood of losing checks and documents increases significantly.

Spouses can independently agree on how they will divide property. They can record their will in a prenuptial agreement before or after the wedding.

If the decision is made during the divorce, it is advisable to document it and have it certified by a notary. This will save the parties from mutual claims and misunderstandings if subsequently one of them considers the initial conditions unfair. However, this is not mandatory - the agreement can also be oral.

This option is preferable if good relations remain between the spouses. This is due to the fact that when dividing property in court, you will need to pay a state fee. Moreover, its value depends on the amount of the claim, which when dividing the car is a significant amount.

In addition, the law allows you to record the transfer of a vehicle to a child as alimony if this option suits both spouses (Article 104 of the RF IC).

Article 104 of the RF IC - Methods and procedure for paying alimony under an agreement on the payment of alimony

The methods and procedure for paying alimony under an alimony agreement are determined by this agreement.
Alimony may be paid in shares of the earnings and (or) other income of the person obligated to pay alimony; in a fixed sum of money paid periodically; in a fixed sum of money paid at a time; by providing property, as well as in other ways regarding which an agreement has been reached.

The alimony agreement may provide for a combination of different methods of alimony payment.
One of the most important factors that directly influences further actions regarding the division of the property in question is the presence or absence of a joint agreement between the former spouses on who will become the owner of the car after the divorce. Spouses can agree to share the car as follows:

Leave it to one of the spouses free of charge;
Sell and divide the proceeds equally;
Leave the car with one of the spouses, obliging him to pay monetary compensation to the second spouse.

It is best if an agreement was reached between husband and wife (including ex-wife, after divorce) on the division of common property, including, of course, a car. It would be correct, after reaching an agreement on this issue, to document the conditions and notarize this document at the nearest notary office.

It is not always possible for spouses to reach an agreement on how to divide a car during a divorce. Especially if both of them have a driver’s license and used it on an equal basis, or the car is the most expensive part of their jointly acquired property.

If the spouses are able to discuss all possible options for dividing property after a divorce and come to a decision that suits both of them, then they should enter into an agreement on the division of property after a divorce (including a car).

As a result, one will be able to receive a car, the other - monetary compensation of half its value. Alternatively, one spouse will agree to leave the car to the other in exchange for some other community property or that spouse's personal property. Or he will leave it to his wife (husband) for free as a gift.

Any options are possible, as long as they suit both spouses.

Notarization of such an agreement is not required. The signatures of both spouses on the document will be enough to re-register the car with the traffic police.

Sometimes, in order to avoid a dispute over the division of a car during a divorce, spouses decide to sell the vehicle and divide the proceeds in half.

Some facts

If the car was sold without the consent of the spouse, the transaction will be invalid.

If the husband and wife can agree, then they enter into a voluntary agreement when dividing what was purchased while living together, including a car.

Among the options that you can choose from are:

one of the spouses renounces his or her share in favor of the other free of charge;
the car is sold and the money is divided between both parties;
the vehicle remains with one, and the second spouse pays him monetary compensation.

The agreement must be officially registered at a notary’s office to avoid any disputes later. It is recommended to draw up a receipt indicating that you have received compensation for the part of the vehicle.

If the car was given to one of the spouses

According to Art. 36 of the RF IC, property received as a gift by one of the spouses remains his property even during a divorce. It does not matter in what period the gift was presented: during the marriage or before it. The main thing is that the gift deed is executed in compliance with all formalities and the new owner assumes his legal rights.

Division of a car given to one of the spouses during a divorce.

If the ex-spouses are concerned about dividing the car, then all of the above applies to them as well. There are often situations when relatives of one of the parties give a car for a wedding, declaring that it is a gift for both newlyweds. However, if the deed of gift and documents confirming ownership are issued in the name of one person, then it will not be possible to divide the car during a divorce. The exception, again, will be improvements for the car or its repairs, which were paid from the family budget or from the personal funds of the second spouse. Then the second party, if there is evidence, can claim compensation.

Features of the procedure

Article 34 of the RF IC defines all property acquired during marriage as joint. Article 38 of the Insurance Code states that common property is subject to division. The spouses themselves can do this. If agreement cannot be reached, the court will resolve the issue.

The division of a car during a divorce can be done in several ways:

the car remains to one of the spouses, and the second receives monetary compensation. Typically its size is equal to half the cost of the vehicle;
the car remains to one of the spouses, while the amount of the remaining property transferred to him is proportionally reduced;
The car is sold and the proceeds are divided between the spouses.

According to Article 39 of the RF IC, common property is divided between spouses in equal shares. However, the court has the right to deviate from this principle if the interests of the children so require.

In accordance with Article 133 of the Civil Code of the Russian Federation, property or an object, the division of which in kind is impossible, is recognized as indivisible. At the same time, in accordance with Articles 34 and 39 of the Family Code of the Russian Federation, property acquired by spouses during their marriage is their common property.

Since a car cannot be divided into parts without causing irreparable harm to it, it is recognized as indivisible property. Based on this, there are various options for dividing a car during a divorce.

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Dividing property during a divorce is not an easy task. It is good when the spouses draw up a marriage contract and determine in advance what property will go to each spouse. But this is rare. Typically, such issues are resolved directly during the divorce process. This also applies to the car section in 2021.

If the car is personal property acquired before the wedding, received by inheritance or as a gift, then it will remain personal property after the divorce.

For jointly acquired property during a divorce, other rules set out in Art. 38 RF IC. This means that each spouse will receive half of the entire property. But how to divide a common car in such a situation, because it is impossible to cut it apart.

In such a case, the car is recognized as the property of one of the spouses, and the second is paid appropriate monetary compensation. Less often, the car is sold, and the proceeds are divided in established shares.

Through the court

Most often, spouses deal with the division of property through the courts. The statement of claim is filed in a court of general jurisdiction. Either party can do this. The result of the trial is a decision in accordance with which the owner of the vehicle is determined and the amount of compensation that must be paid to the other party. Provided that it is prescribed.

To do this, the judge will request an independent expert opinion on the possible market value of the object if the life of the car exceeds 5 years, and also provided that the car was purchased not through a dealership, but second-hand.

By agreement

If the former spouses have maintained a completely loyal relationship to each other, then they can divide the property without the intervention of a third party by drawing up a division agreement. By the way, it is not at all necessary to wait for a divorce to sign such a document. It is permissible to do this while being married simply in case of its potential possibility.

Should the car go to the parent with whom the children stay?

Not really

The agreement must describe in as much detail as possible each object that is subject to division. If we are talking about a car, then it is necessary to indicate the number, model, color, cost, etc. and it should be remembered that, unlike a marriage contract, in which it is possible to delimit the ownership of any property, even those that have not yet been acquired, According to the terms of the agreement, only property acquired jointly is divided.

An agreement on the division of property must be notarized (Article 38 of the RF IC).

Very often on legal websites you can find information that contacting a notary in such a situation is voluntary. This is wrong. Without notarization, the document will be considered void.

On our website you can see an example of filling out all the data.

Can't split

If the spouses are planning a divorce, the car loan is divided depending on the obligations to the financial institution. Which of the couple the loan is issued to is not taken into account.

In a situation where a car loan was received during marriage, the property purchased with it is considered common.

When filing a claim in court, you must add a copy of the loan agreement to the package of documents. The judge can make a decision in favor of either spouse, and the remaining debt payments to the bank will also be taken into account.

The financial institution must be notified that the terms of the loan may change. Therefore, before dividing a car on a car loan, you should consult with a credit expert of the bank that issued the loan.

The client of a financial institution may be offered the following options:

ex-spouses pay the debt in proportion to their shares of ownership of the vehicle;
the loan is repaid ahead of schedule, and the former spouses can dispose of the car at their own discretion or in accordance with a court decision;
the loan is reissued to the new owner of the car.

These solutions are relevant in situations where the car loan is not fully repaid at the time of termination of the relationship. It does not matter how the car was purchased, with the help of a car loan or a consumer loan.

The remaining debt is distributed in equal parts or in accordance with who becomes the owner of the car after the decision is made by the official.

A car that is given to a husband or wife, left as an inheritance, or purchased by one of them before marriage will not be divided in a divorce. This will be the personal property of the spouse, which belongs only to him. His wife (husband) will not have any rights to such a car.

What if the car was purchased during marriage, but with money that one spouse inherited or was given as a gift? Will it then be possible to divide the car after a divorce? No, this will also be the personal property of this spouse, provided that no additional funds from the family budget were spent on the purchase.

Things will be different if jointly acquired funds were added when purchasing a car. Or both spouses invested significant amounts of money in maintaining this car - expensive repairs, tuning, etc.. In such cases, if the spouses did not come to a mutual decision on dividing the car, then they can fight in court for the right to own it.

Sample application

When drawing up a statement of claim to the court, it is necessary to build on standard practice. The document must contain the following information:

the name of the court to which the application is submitted;
basic passport data of the plaintiff and defendant (full name, date of birth, address of registration and actual residence, passport series and number);
name of the submitted document;
cost of claim;
information about the place and time of marriage and its dissolution;
all basic information about the car that is supposed to be divided (number, model, color, engine and body number, date of purchase, etc.);
information about who has the ownership title;
the cost of the car upon divorce and upon purchase;
the essence of the main claim;
a list of regulations that confirm the plaintiff’s case;
date of application;
plaintiff's signature with transcript;
list of documents attached to the application.

Before going to court, it is best to seek prior advice from an attorney who specializes in these types of issues to help you understand the potential resolution of your claim.

Required documents

In order for the statement of claim to be accepted for proceedings and court proceedings to proceed without constant postponements, it is necessary to initially attach a package of documents to the claim (copies are needed):

general passports of both parties;
registration certificate for the car;
an opinion on the condition and market value of the car issued by an independent expert;
a document by which ownership of the car can be established;
if the car was purchased on credit, then you need a loan agreement with the bank;
a document confirming payment of the state fee for filing a claim;
certificate of divorce;
other documents, if the plaintiff assumes that their presence may affect the court decision.

Consideration of a case that concerns the division of property can take from 2 weeks to six months. And in some cases up to 9 months.

How to divide a car that was purchased on credit during marriage?

If the car was purchased on credit and the debt has not been closed at the time of the divorce, then a loan agreement must be attached to the above documents to file a claim.

The loan car is divided, like similar property. The car remains with one spouse, the second compensates with money so that everyone receives an equal amount. This option is accepted if the debt is small and the spouse for whom the loan is issued has no objections.
The car is up for sale and the funds will be divided equally.

We suggest you read: How property is divided during a divorce if the husband is the owner

The section is not affected by the gender of the owner. The procedure does not change depending on whether it is a woman or a man.

The key comes down to the timing and circumstances in which the acquisition is made. If the purchase was made before the official marriage, then these things remain with the owner. Except for the presence of a prenuptial agreement, which describes in advance the procedure for terminating the relationship, including what each spouse can keep.

If the purchase is made after the wedding, then it will be divided between two people, and it does not matter who exactly owns the car.

There are several ways to develop this situation. Maintain the relationship and resolve everything voluntarily or go to court. If each spouse has no complaints in this matter, you can choose the first option.

Attention! A voluntary procedure requires a written statement from each party.

Spouses must independently decide who will keep the car and who will receive monetary compensation. The agreement can be drawn up in any form.

It is recommended to contact a notary to certify the document and seal the transaction.

Division through court

If the issue cannot be resolved voluntarily, resort to litigation. This option is costly in terms of effort and finances. It will take a lot of time and money to achieve results.

It is recommended not to file a claim for division of property immediately, but to try to reach an agreement with the other party. If nothing works out, only the court can resolve the situation.

If the amount is up to 50 thousand rubles, the case is referred to the magistrate's court. If the amount of money is greater, the district court will deal with the claim.

Ideally, it will not be possible to split the car in half - the result will be two piles of scrap metal that have no particular value. The court will also not be able to leave it in the shared ownership of the spouses and determine the procedure for its use according to the law.

How is a car divided during a legal divorce? The only option is to award the car to one spouse and oblige him to pay monetary compensation in favor of the other in an amount equal to half the cost of the car. Or transfer to the second spouse the joint or personal property of the first spouse of similar value.

To do this, it is necessary to evaluate the car on the date of the court hearing on the division of property.

To determine which spouse will get the car, the court will determine which of them needs it more and for what reasons; who used and maintained it more often during the marriage. It is unlikely that the court will leave the car to the wife, who does not even have a driver’s license and never has. Although the financial situation of each spouse will also play a role in the division, especially if the car is the most expensive property of the divorcing couple.

Some facts

When dividing property during a divorce, the car is often left to the spouse who actively used it during the marriage. He can compensate it in monetary terms or with other property. As a rule, the size can be 50% of the current value of the vehicle.

If there are two cars in the family

It happens that there is more than one car in a family, but each spouse has their own car. If their cost is equal, then the division process will not take much time. It’s just that everyone will keep the car they drive.

If their cost varies significantly, then to divide the car they resort to the following manipulations. The basis will be an expert’s opinion on the market price of both cars at the time of the divorce. These amounts will simply be added, and the total will be divided in half. The cost of the cheaper car will be deducted from the amount received.

This final amount will have to be paid to the other party by the one who gets the more expensive car.

If there are several cars

In some families, each spouse has their own car. At first glance, in such a situation the question is removed - everyone is left with a car, which they constantly use. However, everything is not so simple here. The cost of vehicles may vary, and quite significantly. In this case, the right to equal distribution of jointly acquired property of one of the spouses is formally violated.

If the spouse who gets the cheaper car is not satisfied with this state of affairs, he has the right to demand monetary compensation. It is calculated as follows: the cost of both cars is estimated, after which the resulting amount is divided in half. The difference between the resulting number and the cost of the cheaper car will be the compensation that its owner will have to receive.

Recently, cases in judicial practice have become more frequent when not one, but several cars are subject to division. Most often they vary significantly in price and quality. Their division in kind will not be fair. Therefore, cars are assessed, after which their total cost is divided by the number of cars, the cost of the cheaper car is subtracted and, thus, it is determined who owes what to whom and the amount to be paid.

If there are children in the family

According to the Family Code, jointly acquired property is divided in equal shares between both spouses. The presence of minor children should not affect this process in any way.

Division of a car between spouses if there are children.

Except in cases where the child is documented to be one of the owners. For example, if funds belonging to it were spent on the purchase of a car. But in such transactions he plays the role of the owner, not the child.

How is a loan or collateral car divided?

Certain difficulties may arise if, during a divorce, a car purchased with the help of a car loan is divided, the debt on which has not been fully repaid. Here, much will depend on the decision of the bank in which the car is registered as collateral, and on the terms of the loan agreement itself.

If the car was registered during the marriage, it is considered jointly acquired property. This means that during a divorce, the debt must be divided in half between the former spouses. When the payments are over, the car is re-registered, and then the car is subject to division. While there is a debt, spouses do not have the right to fully dispose of it.

Perhaps the bank will offer to put the car up for auction, pay off the loan debt with the proceeds, and divide the remainder in equal shares between the spouses.

Features of the car section

In the absence of a voluntary agreement between the spouses on the division of the car, the procedure for further actions is determined regardless of whether there is other property to be divided. But this issue will be resolved only during a court hearing, during which the judge, after listening to both sides and examining the documents provided, will make decisions and determine the owner of the car.

The court may:

Leave the car in the ownership of one of the spouses, obliging the other to pay compensation in the amount of half the cost;
Leave the car to one of the spouses as part of other property, awarding the other party other property or money.

If the spouses have other property along with the car, then the car may become the share of one of them along with the division of all property. It also happens that the car was the only major joint property of the spouses acquired during their life together. In this case, the court most often transfers this vehicle to the spouse who used it more often during the marriage, obliging him to pay monetary compensation in the amount of half the cost of the car to his ex-spouse.

But before the judge makes this or that decision, this car must undergo an independent assessment of the value at the time of division. In addition to paying for the expert’s services, you will need to pay a state fee, the amount of which depends on the amount of the claim. The costs of the examination are recovered equally from the spouses in proportion to the claims satisfied, and the state duty is paid by the plaintiff only in part of the share of the property for which he claims.

We suggest you read: Documents for divorce with a newborn

When filing a claim with the court at the defendant’s place of residence for the division of marital property in relation to the car, the following documents must be submitted:

divorce certificate and court decision on divorce;
technical passport of the vehicle;
expert opinion on the cost of the car;
other documents relevant to the case: receipts for maintenance, confirmation of car expenses by one spouse, a copy of a driver’s license, etc.

The court will also take into account which spouse has a driver’s license and who objectively needs a car. It is logical that, for example, a husband, for whom having a car is an important condition for continuing to work, has a better chance of actually acquiring this property than his wife, who does not even have a driver’s license.

If during the trial the spouses decide on a voluntary division of property, they can always enter into a settlement agreement in case of divorce.

Items that cannot be divided in kind are recognized as indivisible. Property and objects acquired while living together are the common property of a married couple (Article 34, Family Code).

It is possible to carry out the procedure for dividing property without the consent of the ex-spouse. The period for dividing property after a divorce is three years. Husband and wife have to receive equal shares of the common property. It does not take into account who the car was registered to (husband or wife). Property can be divided through a settlement agreement or in court.

If a voluntary agreement cannot be reached, the division procedure is established depending on whether there is other property. This issue is being decided by the court. Both parties provide documents, and the judge determines who will get the car. What might be the decision of the competent authority?

The car is transferred to one spouse, he must pay half of its value to the other.
The car remains with one spouse, and the second receives other property or money.

If, in addition to the car, the family has other property, then the car is included in the share of one of them, along with the division of all property.

Another pays half the price of the car to his spouse.

The demand for partition must be filed at the defendant's place of residence. Jurisdiction is determined by the amount of the claim:

The demand is less than 50 thousand rubles, the case is transferred to the magistrates' courts (Article 23, Civil Code);
The demand is more than 50 thousand rubles, the case is transferred to the district courts.

Please indicate in your request:

Name of the court;
Spouses' residential address;
Title of the document;
Cost of a claim for divorce;
Information about the property;
Market price of the vehicle;
To whom, according to the documents, is the property registered?
Who uses the machine and to what extent;
Indicate the legal norms that should confirm the plaintiff’s claims;
Enter the date of completion and signature.

When filing a claim in court, you must attach the following set of documents:

Vehicle registration certificate;
Expert opinion on the price of the car;
Other documents that appear in the case, for example, payment documents for paying for maintenance, confirmation of expenses for the car by one spouse, a copy of the driver’s license, and so on;
Conclusion on divorce;
Court decision on divorce.

Before the judge makes a decision, the car undergoes an independent examination to assess the value at the time of division. It is necessary to pay for the expert’s service, as well as a state fee. Its cost is calculated based on the amount of the claim. The costs of the examination are recovered from the spouses in proportion to the requirements satisfied.

The payment document must be paid by the plaintiff for that part of the property for which he claims.

Settlement agreement

A husband and wife may enter into a settlement agreement during divorce proceedings. After concluding a document, the parties must submit it to the court, which will check for legality and approve it.

The car may be the subject of an agreement in the division of property. When writing, please note that:

The shares of husband and wife in common property are considered equal.
The couple can determine the ownership share and divide each item. The one who keeps the car must pay financial compensation to the spouse.
If the agreement concerns the interests of third parties - creditors, the court creates a claim in separate proceedings.

Spouses often purchase cars on credit, and during a divorce they wonder who will get the car and who will continue to repay the loan.

In the property division agreement, you can simply agree that the husband will get the car, but he will also pay the loan after the divorce. It is also necessary to take into account the fact that during the marriage they paid the loan from common funds, and most likely made the down payment together.

In court, the division option will most likely be chosen as follows: from the original cost of the car, you need to subtract the balance of the loan debt on the date of divorce and divide the resulting amount in half. The spouse who received ownership of the car will be required to pay compensation in the specified amount to the ex-husband (or wife).

Example. A married husband and wife bought a car on credit for 2,000,000 rubles; at the time of the divorce, 400,000 rubles remained outstanding. Then:(2000000-400000):2=800000 rubles. The owner of the car will have to compensate his ex-spouse for this amount (or property for a similar amount).

Disputes regarding the determination of monetary compensation for a car may arise if it is on a loan and at the time of the divorce it has not yet been repaid. If the loan is issued before marriage, the owner of the vehicle is considered to be the spouse for whom the contract is signed. However, if payments were already made during marriage, the second spouse may ask for monetary compensation in the amount of half of the loan paid for this period.

The law provides that upon divorce the following property is not divided:

acquired before the registration of the relationship;
received under a gift agreement;
left as an inheritance by relatives.

If the spouses entered into a prenuptial agreement that stipulated who would own the vehicle during the divorce, then it is not subject to division.

In accordance with the law (Article 133 of the Civil Code), a car is considered indivisible property, since its actual division is impossible.

Accordingly, how the car is divided during a divorce depends on the relationship of the spouses.

When the car was seized

The seizure of a car by a court cannot have a significant impact on its division. This procedure only limits the car owner in certain legal acts. For example, he cannot sell a car or give it away. However, in order to avoid any misunderstandings, it is advisable to first exclude the reason why the arrest was imposed. For most often this happens when the owner has significant debts and enforcement proceedings are opened.

Selling a car during a divorce

If the car is sold, the proceeds from the sale will be divided during the divorce. Provided that the car was jointly owned, the second spouse had to give permission to the transaction. Then, for calculations, the purchase and sale agreement and the cost of the car indicated in it will be taken as the basis. This amount will simply have to be divided equally between the spouses.

The process becomes more complicated if the contract indicates an undervalued value of the car. In this case, you cannot do without an independent expert’s opinion on the average price for similar cars in the region. But even if it is available, the chances that the judge will divide the actual proceeds from the sale are minimal.

Expert assessment of car value

Contacting independent experts if you need to divide a car in 2021 during a divorce will be required in the following cases:

If the car was purchased more than 5 years ago.
If the car has been in an accident and/or needs serious repairs.
Provided that the car was officially operated as a taxi.
For cars purchased not in showrooms, but secondhand.

If the car was purchased on credit

If the car was purchased on credit? Buying a vehicle on credit is quite popular. But, if spouses divorce and divide credit property, some subtleties should be taken into account. When applying for a loan, carefully read all the documents so that there are no unnecessary questions or oversights later. Banks now make special adjustments and clauses in case of divorce. Also keep in mind that the court may involve the bank in the trial to testify as a third party.

When making a decision, the court will take into account the following facts:

when the loan was issued;
whose money was invested to pay off the debt.

The court reserves the right to hand over the vehicle to the borrower if it finds any violations in payment.

Also, the court has the right to leave a car purchased on credit to one of the couple, but they will pay the debt to the bank in equal parts (that is, the loan amount will be divided in half). It all depends on the situation and the agreement with the bank.

How not to share a car during a divorce

There is only one way to avoid car division in a divorce. This is a mutual agreement that must be documented. Thus, spouses before and during marriage can draw up a marriage contract and stipulate all the conditions for the division of property. Or draw up a separation agreement. It is signed by the parties during marriage or after divorce.

In addition, spouses can agree to share ownership of the car in equal shares and take turns using it.

Arbitrage practice

As the practice of court decisions shows, the division of a car during a divorce occurs according to the standard scheme for dividing property. If there is evidence that the car is joint property, then it will be divided in equal shares. If the party claiming compensation fails to prove that it also took part in the purchase or improvement, then the car will remain with the spouse to whom the ownership is registered.

To divide a car in court, the parties need to collect as much documentary evidence as possible of their contribution to the purchase or improvement of the car. If there are not enough of them, then it is better to try to reach an amicable agreement.