Car after divorce: how to divide it when spouses divorce

How is a car divided in a divorce? Over the years of married life, a couple acquires various property, it can be jewelry, apartments, houses, plots, cars. When a marriage breaks up, everyone asks the question: “How to divide what you have acquired?” In this article we will try to understand the problem of division of property, namely how a vehicle is divided.

How is a car divided when spouses divorce?

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

How is a car divided when spouses divorce? This process can occur in three ways:

• mutual consent of the former spouses;
• the presence of a marriage contract (this document specifies the division of property);
• through the court.

The court has several options for resolving this case. The first option provides that the court gives the vehicle to one of the former spouses, and the other receives financial compensation, which is half the market value of the car.

It happens that the cash payment turns out to be less than the declared market value. This can happen in several cases:

1. One of the spouses who is entitled to monetary compensation spent family funds not in the interests of the family, for example, on alcohol, drugs or gambling.
2. If there are children in the family who have not reached the age of eighteen, whose interests must be taken into account.

If the former spouses agree, they can sell the car and divide the proceeds in half.

If a married couple entered into a marriage contract, then the solution to this issue is provided for in this agreement. According to it, spouses divide other acquired property.

The trial is individual in each case. Therefore, when making a decision on transferring a car to one of the spouses, the court takes into account all factors. So, for example, if one of the former spouses uses the car for work purposes, then the car can be left to him.

The court also takes into account whether children travel by car to school or other educational institutions. It is also important who serviced the vehicle.

Therefore, when filing a claim in court, you should clearly state why you need to leave this property and not the defendant.

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.

Do you need a vehicle appraisal?

Do you need a vehicle appraisal? And the answer to this question is: “Yes.” This must be done for two reasons:

1. Based on the amount at which experts evaluate the transport, the state duty for the claim that is filed in court is determined.
2. Based on the expert assessment (and the stated amount), the amount of compensation that will be received by the spouse who no longer has a car is determined.

Note! Transport, like any other property, can be assessed both before and during the trial. The second option can be prescribed by the court.

How to divide two cars in a family during a divorce?

How to divide two cars in a family during a divorce? If such a situation occurs in a family where there are two (or maybe more) cars, then the division will occur as follows: if the cars differ in value, then one of the spouses (who will get the cheaper car) can count on compensation with the right saving the car.

Who owns the donated car?

Who owns the donated car? The actual division of the gift cannot be done, since by law the car remains with the person in whose name it is registered. There is one caveat, however.

If during the period of marriage one of the spouses invested more money in the car, for example, changed the engine to a more powerful one, changed the color of the car, or made any other interventions that increase the value of this property, then the court may recognize such a car as a family car, and then it can also be divided in half.

How to divide a seized vehicle during a divorce?

How to divide a seized vehicle during a divorce? If you think that it is impossible to share a car while under arrest, then you are mistaken. After all, in fact, upon arrest, the right of ownership does not cease to be valid.

It is worth considering that whoever gets such a car will be required to pay all the necessary fines. And if the transport was registered in the name of another family member, then problems may arise with re-registration of documents.

When dividing property, it should be taken into account that each case is considered by the court individually. Various facts and circumstances are taken into account. Therefore, the court's decision is difficult to predict, since it has its own development trend. If there is a possibility, then, of course, it is better to reach an agreement, but if this option is not possible, then prepare documents and defend your rights.

Practicing lawyer in the field of consumer rights protection. Author and editor of articles on the Rukazakon portal.

Source: https://rukazakona.ru/semejnoe-pravo/kak-delitsya-mashina-pri-razvode.html

How is a car divided between spouses?

For a long time now, for most people, a car is not a luxury, but a necessity. Now almost every family has this vehicle, sometimes more than one. The question of how to divide a car during a divorce interests many spouses who are planning or have already divorced. This will be discussed further.

Is a car a joint property?

The car will be the common property of the spouses, provided that it was purchased during the marriage with joint money (Article 34 of the Family Code of the Russian Federation). In this case, the car is subject to division between husband and wife in the event of divorce. It does not matter which spouse is indicated as the owner in the documents for the car.

A car purchased by one of a married couple will not be considered jointly owned:

• Before marriage (marriage);
• By inheritance;
• As a present.

Also, a car for which money was spent will not be divided:

• Postponed until the relationship is registered;
• Received from the sale of premarital, inherited or gifted property;
• Earned during the period before the divorce was filed, but after the end of marriage.

How is a car divided in a divorce?

According to the general rule established by paragraph 1 of Art. 39 of the Family Code of the Russian Federation, a car, like other property of spouses, must be divided equally between them.

However, it must be taken into account that a vehicle is an indivisible thing (Article 133 of the Civil Code of the Russian Federation). This means that dividing it in kind between spouses without destroying the car is impossible.

It is also inappropriate to establish shared ownership of a car between husband and wife during a divorce. Sharing a car by mutual agreement between separated people is difficult and sometimes impossible for a number of reasons.

These include conflicting relationships, remoteness of residence, and many others.

In practice, the most common options are:

1. Selling a car and dividing money between spouses.
2. Transfer of the car to one of the couple, with payment of compensation to the other. Its size, as a rule, is half the cost, but a different amount is possible.
3. Leaving the car to one of the spouses, the other in return is given equal property from both the common property and the personal property of the husband or wife.

If the car was purchased during the marriage period with the total money earned, then compensation is determined as 50 percent of its price.

The cost of the car is determined by a specialist who has access to these types of work by assessing it.

However, life situations are not always so clear-cut.

It may be that the money that both spouses earned after the wedding was added to the money set aside before marriage for the purchase.

Or the family car was sold and the funds received from the sale of the dacha, of which the wife was the heir, were added to purchase a more expensive car.

There are many such examples. What they have in common is that both family money and the personal money of one of the spouses were spent on the vehicle.

If the above situations arise, the husband and wife's shares on the car will not be equal. To accurately establish them, as well as determine the compensation to be paid, it is necessary to calculate exactly how much was spent on the purchase of personal and family funds.

Who gets the car in a divorce?

It would seem that everything is extremely simple - one car, the other money. However, it is not always possible for spouses to agree among themselves which of them gets the car, since both parties claim it.

Judicial practice, when deciding who should get the car, pays attention to the following circumstances:

1. The parties have the right to drive vehicles of the appropriate category.
2. Which of the former spouses primarily used the car.
3. The need of a husband and wife for a car.
4. Being in sole ownership of other vehicles.

Thus, in order to positively resolve the issue of how to keep a shared car during a divorce, it is necessary to provide the court with evidence of the following:

1. Rights to drive a vehicle. It is quite obvious that if one of the spouses does not have one, the car will be transferred to the ownership of the second.
2. That it was the party claiming the car who solely or much more often used it. To prove this, you can submit MTPL policies where the second spouse is not included, work orders from car service centers, and invite witnesses.
3. Despite the fact that the husband and wife used the car almost equally, one of them needed it much more. For example, to receive a basic income, to get to remote work with difficult transport accessibility, trips to the hospital, etc.
4. If one of the spouses, in addition to the family car, also has other personal transport, you need to inform the court about this by presenting the relevant evidence. Under such circumstances, most likely, the car will be left to someone who does not own any other vehicles.
5. Other circumstances that allow you to sue the car in your favor.

It is necessary to note that the mere fact of a common minor child living with one of the parents will not affect the issue of dividing the car.

However, this circumstance can be used to motivate leaving the car in the property; for this you need to provide confirmation of the need to transport children to kindergarten, school, hospital, etc.

An additional argument may be living outside the city, in an area where public transport is poorly organized.

Two car section

Sometimes a married couple owns several vehicles. In this case, the division can occur in the following ways:

1. If a husband and wife each use their own car, the court will leave them in ownership. In this case, the spouse who gets the car of greater value will be obliged to pay the other compensation equal to the difference in price. The amount is determined based on the results of the specialist’s report.
2. When owning a car and a truck used for profit, both vehicles can be transferred to the spouse who used them. The other will receive compensation equal to half their value.
3. Both cars remain with one of the spouses, with other property transferred to the other. Moreover, it can either be acquired during family life or belong solely to the husband or wife. For example, cars and trucks remain the property of the spouse, but he must give his personal garden house with a plot of land as compensation.

Read also: Payment for kindergarten with maternity capital

If the car is on loan or collateral

Often, during the period of divorce, the vehicle that is subject to division was purchased with a loan that has not yet been repaid. Sometimes, in addition, it is pledged to the bank.

In such situations, partition options may be as follows:

1. Selling cars and repaying loans. After this, the remaining funds are divided between the spouses. If the car is pledged to the bank, you must obtain its permission to sell, otherwise it will not be possible to sell the vehicle.
2. An agreement between spouses that the car is transferred to one of them, and he also pays the remaining loan. The other gets compensation. Its side size is determined independently. It can be either monetary or involve the transfer of other property.
3. By a court decision, the spouses' loan debt is recognized as their common one, the car remains one of the parties, and the other receives compensation in the form of half the cost of the car.

The court, by its decision, without the consent of the bank, does not have the right to divide the loan agreement, assigning only part of the debt to each of the couple.

Therefore, the obligation to repay the loan will remain with the spouse with whom the agreement was concluded. However, if the other party does not voluntarily transfer funds for payment, collection of them is possible through the court.

Section by agreement

Spouses who have settled all property issues regarding the division of the car and payment of compensation can formalize the agreements reached in a written agreement.

This document, according to the requirements of the law for 2017 and 2018, must be certified by a notary. In this case, you will need to pay a duty of 0.5 percent of the cost of the car, but not more than 20,000 rubles.

However, if the car is already registered to the spouse whose ownership it will remain, re-registration is not required; it is possible to do without contacting a notary.

To do this, the party to whom compensation is paid writes a receipt stating that it has received funds or other property, has no claims regarding the division of the car, and will not make any claims in the future.

But this option can be recommended only in the case when the required amount is transferred immediately in full. If payment is made in installments, it is better to conclude a notarial agreement, since there is a risk of not receiving the money in full or on time.

Division through court

If an agreement cannot be reached, the interested party has the right to file a lawsuit to divide the spouses’ car. You can draw it up yourself, using a sample, or by contacting a lawyer. The application must indicate:

• Name, location of the court;
• FULL NAME. plaintiff and defendant, their addresses, telephone numbers;
• Bank information if the vehicle was purchased on credit;
• Information about marriage and divorce;
• Information about the car, its cost;
• Section option, its rationale;
• Amount of compensation;
• Other relevant information;
• Links to legal norms;
• Requirements to transfer the car to one of the spouses, with payment of a certain amount of compensation to the other;
• List of documents;
• Date signature.

The following documents must be attached to the application:

• To pay the state fee;
• About marriage;
• About divorce;
• For the car (certificate, vehicle passport);
• Appraiser's report on the value of the car;
• Loan agreement (if any);
• About children, health, work and others (if necessary).

Download the claim form in word (.doc) format

An application with attachments is submitted to the magistrate if the cost of the car is no more than 50,000 rubles, to the district court - if the specified amount is exceeded. Documents are sent to the defendant’s place of residence. If demands for divorce or collection of child support are simultaneously filed, an appeal to the plaintiff’s address is allowed.

If you disagree with the court's decision, you can file an appeal within a month, where you can state your objections.

Interim measures

Sometimes one of the spouses, in order to “steal” the car from division, sells it at a reduced price or gives it to their relatives or friends. Such re-registration may complicate the division procedure.

To avoid this, simultaneously with filing a claim, in its text or in a separate petition, you need to ask the court to impose interim measures.

As a rule, this is a seizure of the car or a ban on taking actions to alienate it for the duration of the case.

The court ruling on this is sent to the defendant and the traffic police. After this, it will be impossible to sell or donate the car, since registration of the transaction will be refused.

Division of a sold car after divorce

Sometimes an unscrupulous husband or wife, in whose name the car is registered, during an upcoming divorce, manage to re-register the car to other persons so as not to divide it.

These actions are illegal, since all manipulations with common property must be carried out with the consent of the second spouse (Article 35 of the Family Code of the Russian Federation).

In this situation, the following actions are possible:

1. Filing an application to recognize the transaction as invalid. If it is satisfied, the car is returned to the previous owner, then subject to division on a general basis. This option is appropriate if the car was given as a gift or purchased at a reduced cost.
2. Requirement to pay half of the money received from the sale of the car. This method is applicable when the vehicle was sold at a market price.

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Source: https://YaiZakon.ru/razdel-imushhestva/mashina-pri-razvode

How to divide a car during a divorce

Divorce, sad as it may be, is a common and natural phenomenon for some couples, and how you want to not be left with nothing in the event of a divorce.

And often the subject of litigation between divorcing spouses becomes family property, which includes a car, which can be very difficult to divide.

Who should claim a vehicle during a divorce, who has what rights to it, it all depends on certain components. First of all, the time it takes to purchase a car is taken into account, and then everything else.

How is a car usually divided during a divorce?

It's no secret that marriage and family legislation, and in particular the Russian Family Code, establishes a general rule according to which the property of the spouses is common and belongs to them on equal rights.

Divorce and division of this joint property involves the termination of joint rights and the allocation of a specific share to each spouse.

Since in a marriage property belongs equally, accordingly, when it is divided, everyone will get an equal share, i.e. half of the total.

However, this rule does not apply to cases where a marriage contract is concluded between spouses, which stipulates how property should be divided in the event of a divorce.

The contract can be concluded both at the time of marriage registration and during the entire life together until the divorce is filed.

In addition, no one forbids those getting divorced from agreeing among themselves on how to divide property and simplify their life and the work of the court.

The issue of division of property, if the matter concerns divorce, can be resolved even after the divorce, within the next three years from the date the court decision on divorce comes into force.

Since in kind it is not possible to allocate half of the car to each of the spouses, the court takes the route where one spouse receives the entire car, with half of its appraised value being paid to the other. As a rule, the owner of the car becomes the family member who operated it to a greater extent.

If the car is registered to the husband

It does not matter significantly to whom the car is registered if it was purchased during marriage. The main criterion for assessing the degree of joint ownership is the time of purchase of the car: during marriage or before it. So, if transport was purchased during the period of an officially registered marriage, then transport will be recognized as joint, even if the spouse lived at the expense of her husband throughout her family life, did not work anywhere, and all expenses for its acquisition lay on the shoulders of the husband. However, if the husband purchased a car before registering the relationship, then there can be no questions about the division of the car; this is property that is legally regarded as the property of the spouse.

• Despite the fact that everything acquired during a marriage is shared and subject to 50/50 division, there are cases where the second spouse cannot lay claim to the property. Such cases include:
• – receipt of property by one of the spouses by inheritance during marriage;
• – receiving property as a gift during marriage.
• All three cases of acquiring the status of owner of a car must be proven to the court by submitting the relevant documents:
• – gift agreement;
• – certificates of inheritance;
• – documents confirming the completion of a purchase and sale transaction before marriage.

If the owner of the car is his wife

As noted in the previous section, it does not play a special role who is the car owner according to registration documents. The moment of purchasing a car is important. The situation is similar with the acquisition of transport by a spouse during marriage and before its registration (see section “If the car is registered in the name of the husband” ).

If there is a child/children, is this taken into account when dividing the “iron horse”?

The presence of children, both adults and minors, is not taken into account by the court when dividing transport, since the share of each spouse is ½.

The only exception can be a situation where an adult child provided financial assistance to his parents in purchasing a car for the family and declares his own independent claims of a property nature, which are not the subject of discussion in this article.

How to divide a car purchased on credit

Buying a car on credit by a family is a common occurrence today, and the division of such a car in the event of a family breakup occurs according to general rules.

Both spouses claim half, regardless of who actually repaid the loan and what contribution the other made to its repayment.

Most often, the division of the car in such situations occurs as follows : one of the spouses undertakes to repay the loan, the remaining outstanding loan amount is deducted from the cost of the car, after which half of the actually paid cost of the car is allocated, which is compensated by the spouse who keeps the car and payments on loan.

In addition, if the loan agreement was concluded for one spouse, and in fact the loan will be repaid by the second spouse, and he will keep the car, then this court decision will become the basis for re-issuing the loan agreement to the spouse, in whose use the car remains.

What documents are required to divide a car during a divorce?

This category of cases, according to legal norms, is considered by district courts in the manner of claim proceedings, when the process is adversarial (albeit formally) in nature.

The process begins with the submission of an application in accordance with the form and content, which indicates:

1. the court to which the application is addressed for consideration;
2. personal details of the plaintiff (full name, place of residence);
3. Personal details of the person who is the defendant (full name, place of residence)
4. then comes the descriptive part, in which the plaintiff sets out his arguments, describes the property to be divided, motivates his position with reference to facts and documents;
5. in the conclusion there is a operative part, in which the plaintiff briefly formulates his demands, i.e. what he asks the court to do. For example, I ask you to share a Peugeot car from 2009, an apartment, etc. in such and such proportions.
6. Documents confirming everything stated in the claim are attached to the application.

Read also: Temporary custody of a child: without deprivation of parental rights, by grandmother

Download a sample statement of claim for car partition.

Attached documents include:

• Contracts of purchase and sale, exchange, donation of property, loan agreements;
• Certificate of inheritance;
• Property registration documents, etc.

The list of required documents is not limited to the above, since everything depends on the situation.

There are often cases when the maintenance and servicing of a car, for example, in a difficult financial situation of the family, was handled by the parents of one of the spouses and who prudently kept all the checks and receipts for its repairs and maintenance.

service , in this case, parents can take the side of their offspring and reduce the cost of jointly acquired property by the amount of the “parental subsidy”.

A mandatory condition for consideration of the claim by the court is the payment of the state fee, in confirmation of which the court is provided with a payment order or receipt simultaneously with the claim.

See also: how much does it cost to get divorced?

Property disputes of this nature should be considered individually and their resolution should be approached very carefully, especially when fairly large and expensive property is subject to division and the spouses do not want to share it with each other.

Source: http://razvodconsult.ru/razdel/kak-delit-avtomobil.html

How to avoid dividing a car during a divorce, how to avoid dividing a car during a divorce

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Rarely does a divorce proceeding proceed without a dispute over the division of the partners' common property. If household items, household appliances and furniture can be divided “by eye”, then expensive things or objects give rise to a serious conflict that can only be resolved by the court.

One of the most important objects that spouses seek to obtain as their property during a divorce is a vehicle. In the material presented, you can find out what legal methods will help you avoid dividing your car and leaving it to one of the former spouses.

Legal status of a car as joint property

As a general rule, everything that a husband and wife acquired during their marriage becomes their joint property. This principle also applies to expensive purchases - real estate and vehicles.

To find out how to avoid dividing a car, you need to understand the legal status of joint property of citizens.

Property considered to be joint property has the following characteristics:

• Joint ownership regime arises for any purchase of objects and things using the common funds of marriage partners, unless otherwise provided by the terms of the transaction or agreement of the spouses;
• Disposal of joint property is permitted only by a common decision of the owners;
• An exception from the legal regime of joint property is allowed only in relation to property acquired by one of the spouses through gratuitous transactions (donation, inheritance by law or will).

Even if, in the process of purchasing a car with common funds, citizens decided to register it as the property of only one of the partners, this will not change the legal status of jointly acquired property.

How to avoid dividing a car during a divorce?

If the decision to divorce has already been made, and the vehicle is jointly owned by the spouses, it is subject to unconditional division on the principles of equal rights of each spouse.

Even at the stage of living together, spouses, by mutual consent, can change the specified legal regime of the car:

• By concluding a marriage contract, under which the car will be recognized as the personal property of the husband or wife;
• By concluding an agreement to determine the shares in the general ownership of the vehicle (in the event of a divorce, this will not avoid dividing the car, since each spouse will be assigned a specific share, but will eliminate the need to divide the car through the court).

Thus, the only legal option to avoid dividing a car is to voluntarily determine the legal status of the property through a marriage contract or determination of shares.

However, this option cannot be implemented when the question of divorce arises, because in such a situation no sane citizen would agree to voluntarily renounce the right to part of the property.

How to avoid dividing a car bought with your parents' money?

Another way to avoid dividing the property of a car that was not purchased with joint funds is to competently register its acquisition in a way that precludes division in the future.

Very often, close relatives help with the purchase of a vehicle - for example, the parents of one of the spouses.

IMPOSSIBLE or very problematic in court to prove in the future that the car was partially or fully purchased with the parents’ money

The vehicle will be recognized as joint property and will be divided equally with the rest of the property.

The most reasonable solution in this case: the spouse’s parents independently purchase the car and then transfer it through a gift agreement to their son or daughter. Such a car will not be divided during a divorce and will not acquire the status of common property of the spouses.

The above method is often used by unscrupulous spouses to illegally remove a car from joint property and, as a result, save it from division.

Example: A jointly owned vehicle is sold with the consent of the second spouse, the proceeds are transferred to the parents or other close relatives of the spouse, who purchase a new vehicle, which is transferred to the owner-spouse under a gift agreement. Such a scheme is quite realistic if the second spouse is not legally aware, but can be challenged in court during a divorce and division of property.

Partial/full payment agreement

If neither spouse needs a vehicle, then the simplest option would be to sell the car to third parties, with further division of the proceeds equally.

However, what if one of the spouses is so accustomed to this car that he is not ready to part with it under any circumstances?

In this case, the only legal option would be to draw up an agreement under which the car will remain with one of the spouses in exchange for compensation for the transferred share of the second owner.

Such an agreement can be drawn up:

• Before submitting a dispute about the division of property to court (notarized);
• During the trial, by drawing up and agreeing on a settlement agreement (entails approval of the agreement by the court and termination of the proceedings).

When drawing up such a document, you need to take into account the following nuances:

• The payment of compensation should be based on the market value of the car, which the parties can determine independently or with the help of an independent appraiser if there are disagreements in determining the price of the vehicle;
• If a settlement agreement is concluded at the stage of litigation, it must be approved by the court;
• Under such an agreement, even a vehicle that is personally owned by one of the partners can be transferred (in this case, compensation for the full cost of the car will be paid).

This agreement will allow the interests of both spouses to be legally respected, unnecessary legal costs will be avoided, and the vehicle will not have to be sold to third parties.

Imaginary and illegal transactions as a way to avoid car division

The conclusion of the agreement implies payment of compensation to the second spouse. At the stage of divorce, such a decision is not always accepted painlessly, so citizens try to use various imaginary and frankly illegal schemes to avoid division.

Such situations include:

• Registration by one of the spouses of a fictitious deed of gift for a vehicle in the name of a relative or a well-known person;
• Imaginary sale of a car without the consent of the second spouse.

Identification of such facts by the second partner entails filing a lawsuit in court to declare the transaction invalid.

Since the statute of limitations for such disputes is three years, there is practically no chance of avoiding termination of a gift or sale agreement.

According to the court decision, the transaction will be annulled, and the car will be returned to the joint ownership of both spouses, even if the divorce actually took place.

The illegality of these transactions lies in the absence of notarial consent of the second spouse to dispose of the common property. Such consent is a mandatory requirement of law when making paid and gratuitous transactions with jointly acquired property.

If it was not possible to avoid dividing the car and it was not possible to reach an agreement, then the spouses have only one option left - dividing the car in court.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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How not to share a car when spouses divorce

How not to share a car during a divorceAverage rating 5 from 6 users

The division of property after divorce is not an easy matter. For example, a car cannot be divided mechanically during a divorce.

But this does not mean that in this matter it is necessary to deviate from the principle of equality of shares established in the Family Code. It’s just that the procedure itself has some nuances, which we will consider in this article.

During the trial, the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation and the Tax Code of the Russian Federation will be involved, as well as, possibly, a number of federal laws and regulations regulating the activities of banks.

When the car remains joint property

Family law determines that any property acquired during marriage using funds from the family budget is considered the common property of the husband and wife (Article 34 of the RF IC).

To establish equality of shares, it does not matter which spouse invested more in the acquisition of things. It is even possible that one of them did not work at all, but was engaged in housekeeping and raising children.

The principle of equality is established for both movable property and real estate.

After the dissolution of the marriage, the spouses retain equal rights of ownership of the joint property. They have the right to use it jointly or to make a division. Both options can be implemented with the help of a judicial decision or on the basis of a settlement agreement (Article 38 of the RF IC).

The most difficult issue is to resolve the issue of dividing some movable property, because it is simply physically impossible to do this. This applies primarily to the vehicle.

When the car is not divided

Partitioning a car in some situations provided by law is impossible. Actually, this rule applies to any property. If the car was inherited or was given to one of the couple, then the second spouse does not have rights to the car.

Even if the transaction occurred during the existence of the family. True, if money from the general family budget was invested in the repair or improvement of the vehicle, then in the event of division of property the object will be recognized as joint property.

If one of the spouses bought the car before marriage, then it will also remain personal property.

Division through court

In most cases, the division of jointly acquired property is carried out with the help of the court. Each spouse has the right to draw up and submit a statement of claim. Considering that the car is not divided into two parts, the judge can make the following decision:

• the vehicle becomes the property of one of the spouses, and the other is paid monetary compensation equal to half the cost of the car;
• sale of a car with subsequent division of the proceeds between spouses;
• the car remains in common use of the spouses, who agree on the rules and procedure for its use.

Read also: Termination of an agreement to pay alimony: sample, judicial practice

The issue of dividing a car during a divorce in 2020 can be complicated by the choice of the person to whom it will be given ownership. If only the husband has a driver’s license, then he can count on getting a car.

But when each spouse has rights, the judge will assess the extent to which ownership of the car is necessary. For example, if one of the spouses receives the main income by using the car as a taxi, then the car will be given to him.

They will also take into account the presence of minor children who need to be transported to educational institutions, as well as the distance of their place of residence from work, etc.

How not to share a car with your second spouse during a divorce through the court.

The lawsuit must be filed in the place of residence of the defendant. If this is not possible, then at the location of the disputed property. Such cases are within the competence of city and district courts of general jurisdiction.

Vehicle valuation

Before going to court, it is advisable for spouses to determine the value of the vehicle at the time of the proposed division.

If the car was purchased shortly before the trial, was not involved in an accident, and both spouses agree on the cost, then it will be the starting point for division. For example, the price of a car is set at 850 thousand rubles.

If she remains the property of the husband, then he will be obliged to pay his wife monetary compensation in the amount of 425 thousand rubles.

If the vehicle was purchased a long time ago, then you will need to invite an independent expert to evaluate it. It is necessary that he is an active member of the SRO of appraisers and has insurance.

First of all, the specialist will request the title documents for the car, the agreement under which the car became property. Then he will carry out a visual inspection and evaluate the technical characteristics to determine the average cost of similar cars on the market. At the end of the examination, the specialist draws up a report in which he indicates the cost and calculation procedure.

Voluntary car sharing

A husband and wife who have a common opinion regarding the ownership rights to property can delimit them without going to the courts. To do this, they will need to draw up a settlement agreement on the division of property. This document is written in any form. If it concerns a car, then you should describe in detail the model, color, engine number, etc.

An agreement between spouses can be drawn up both during marriage and at any time after divorce. It requires mandatory notarization.

On our website you will find a sample agreement on the division of a car between spouses and download it for review.

Agreement on payment of monetary compensation

In the property division agreement, you can specify not only the spouse who will receive the car during a divorce in 2020, but also determine the amount of compensation. The parties themselves establish the amount and method of its calculation. Perhaps this is some fixed figure or a certain percentage of the cost. The main thing when drawing up an agreement is that its terms do not violate current legislation.

If the car was purchased on credit

It is problematic to divide a car on credit until the debt is repaid. A car pledged to the bank cannot be used in transactions without the permission of the credit institution. Therefore, when carrying out a division, you must first obtain permission from the bank.

Usually, the basic procedure in such situations is fixed in the loan agreement, and you will have to follow it. In such cases, several options are used:

• the spouses then continue to repay the loan together, and upon completion, they divide the car;
• The car is put up for auction. The debt to the bank is repaid from the proceeds, and the remainder is divided between the spouses;
• The credit account is divided into two, and then each spouse pays off their part of the debt independently. At the end of the payments, they again divide the car among themselves;
• The loan is then issued to one of the spouses, who pays off the balance of the debt himself and subsequently becomes the sole owner of the car. And the second spouse is paid monetary compensation.

When the debt for the vehicle is repaid, the ownership rights to it are demarcated according to the standard presented schemes.

If there are two cars in the family

It happens that both spouses use cars. Each to their own, but they are common property. The division of such cars through the court will be accompanied by a mandatory expert assessment of the value, unless each spouse agrees to simply take the car they drive and not claim the second one.

Should the car go to the parent with whom the children stay? This option is most often used if the car has a significant initial cost difference. In this case, after determining the price, each party can keep their car. But the owner of the more expensive one will be obliged to pay monetary compensation in the amount of the difference between the cost (exactly half).

How to buy a car so as not to divide during a divorce

If one of the spouses thinks in advance about how to leave the car in their property in the event of a divorce, then you can resort to a number of maneuvers. Firstly, it is permissible to draw up a purchase and sale agreement in the name of one of the parents, and then, with the help of a deed of gift, become the rightful owner.

You can also issue a deed of gift not for a car, but for the money that is then used to purchase the car. In this case, the car will also be regarded as the personal property of one of the spouses.

Arbitrage practice

As an analysis of judicial practice shows, dividing a car may be impossible due to its alienation. Therefore, if the subject of a property dispute is a car, the plaintiff first needs to petition for the seizure of the object in order to prevent its sale. There are many examples of litigation that ended in nothing for the plaintiff after the sale of the car.

The division of a car during a divorce in 2020 can be carried out through a personal agreement between the spouses or through the court. As a rule, in such a situation, one of the parties receives ownership of the car, and the other is paid monetary compensation in the amount of half the cost of the vehicle.

Source: https://razdel-imushhestva.org/transport/kak-ne-delit.html

3 ways to divide a car during a divorce. How is a car divided according to law? In St. Petersburg, in Moscow

What if you can’t, but really want to?
In what cases can you share “someone else’s” car?

The law “gives a loophole” when a car that is the personal property of one of the spouses can still be divided.

For clarity, let us explain with an example

The car belonged to the husband before marriage. Being already married, my husband had the engine overhauled and bought new wheels and tires. Conducted routine repairs to replace brake pads, etc.

• And, since the repairs were carried out while already in a marital relationship, the costs of repairs are already considered joint, and therefore subject to division in the event of a divorce.
• Therefore, upon divorce, the wife will have the right to receive half of the cost of repairs in cash and claim division of the car.
• As they say, if “you can’t, but you really want to,” then you can!

How to establish a ban on sales
so that the car is not sold without your knowledge?

Example from practice. Realizing that the wife was going to file for divorce and division of property, the husband sold the car and spent the money. The situation, as they say, has arrived.

Legal advice…

It is difficult to insure against such a situation. In practice, we recommend that you calmly and without informing the other spouse, file a claim in court. And together with the statement of claim, submit a petition to impose a ban on all registration activities with the car. In other words, to ban its sale.

If the second spouse does not know that you have filed a statement of claim, then at the time he is notified by a subpoena, he will have much less time for “this fraud.” And, therefore, there is a high chance that he simply will not have time to “crank out” the sale of the car.

If, nevertheless, the spouse manages to sell the car before the court decision is made, it will be necessary to recognize this transaction as illegal, since permission was not received from the wife. This will significantly complicate and lengthen the process of dividing property. Here you will definitely need the help of a lawyer.

Frauds involving the division of a car during a divorce.
How can you be fooled?

When dividing property, once loving spouses often turn into ardent enemies. When methods are used that allow you to “chop off a bigger piece” or, as people say, “make a goat.” This also applies to the section of the car.

We list the most common methods

 The car was sold BEFORE the divorce

We considered this situation in the previous section. We described above how to solve it and how to protect ourselves.

 The car was sold AFTER the divorce

Trying to get rid of the need to see their disgusted spouse every day, people first get divorced. And, the division of property is postponed “for later.”

On the one hand, this is good - you are free from each other. But from the part of the division of property this is fraught with a number of dangers.

Example:

The Timofeevs divorced. The division of property was not carried out simultaneously with the dissolution of the marriage. The car remained with my husband.

After some time, the wife finds out that her husband sold the car without her knowledge. And she sues her husband, wanting to get back half the money from the sale of the car.

The scheme of “deception” was as follows. Unofficially, the husband sold the car to the buyer for 800 thousand. And in the purchase and sale agreement, the amount was indicated as 300 thousand.

As a result, the wife will be able to claim not 400 thousand in court, but only 150 thousand.

What to do in this case? How can I get my money back?

It will be necessary in court, firstly, to raise the question of the illegality of this transaction, since it was carried out without the consent of the “former” spouse. Or conduct a forensic merchandising examination, which will establish the REAL value of the car at the time of sale. And now demand compensation of 50% of the real cost.

 The car was sold under a deed of gift to a close relative, who issued a power of attorney for the right to drive the car.

Let's give an example from our practice.

The ex-husband, after the divorce, issued a deed of gift for the car, for his closest relative, for his cousin. On the one hand, this is a relative and the desire to please him should not come as a surprise. Not a stranger.

But the trick is that this “brother,” after receiving ownership of the car, issued a power of attorney for the right to drive the car. And the “ex-husband” continued to drive the car.

It turns out that he continues to use the car, but formally it no longer belongs to him.

To correct the situation, you will need the help of a lawyer or lawyer. The situation is complicated. We will have to unravel this tangle by recognizing the deal as illegal. It's not a simple matter. But solvable.

Lawyers and lawyers of the Family Law Center:
Call us:

St. Petersburg +7 (812) 643-21-93
Moscow +7 (495) 374-93-24

Source: http://centr-semeynogo-prava.ru/razdel-avtomobilya