Division of property (cars)


#1

In Court the value of the car is determined and each asset is divided so as to achieve a generally equal division of the overall estate. The value of one particular car is not all that important. If you get the car with no value and your spouse gets the car worth $10,000 then you are owed $5,000 to get back to equal. It’s time to get a lawyer to help you with this.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

We are in the process of trying to amicably work out a separation agreement after separating due to marital misconduct of my husband. The major sticking point we have is our car situation. I currently drive a minivan which is leased and is in his name. The other car is also in his name and is paid for. Can I be forced to take the van or do I have any claim whatsoever on the car that is paid for. I am going to be the custodial parent of our two children and am not seeking alimony, just child support. I explained that I cannot afford the $500/mo van payment and would like the car that is paid for as it would not break my budget. He refuses. Do I have any recourse?