Does it matter whose name is on the title? Now, if you financed a car prior to marriage and used marital funds to pay off the note for that vehicle while married, that car may be considered part of the marital estate should you divorce in Texas. If you owned a car, free and clear, prior to marriage, that vehicle would generally be considered your separate property and not be subject to division upon divorce. Who gets car in divorce if the car was purchased prior to marriage? Other situations where a car may be considered separate property in Texas is where a spouse received the car as a gift (say from a parent or other family member) or purchased a vehicle for him or herself with money gifted to them by another party.įor example, if your wealthy uncle gifted you $50,000 and you use that money to buy yourself a new Ford Bronco Sport with all the bells and whistles for about $45 grand, that SUV would typically be considered your separate property, should you go through a divorce later. In Texas, if a car was purchased during marriage, it may be considered one spouse’s separate property if that spouse received the vehicle as a gift from the other spouse (and they can prove that fact with clear and convincing evidence). If a car is purchased during marriage, when is it considered separate property? However, if a party can prove that a car (or other asset) is actually his or her own separate property-based on clear and convincing evidence-the vehicle may be excluded from the couple’s marital estate. Texas is a community property state, which means any property acquired during a marriage is subject to just and right division upon divorce. While it sounds like a simple question, who gets the car in a divorce depends on a number of factors, including where you live, when the car was purchased, whether it was a gift and what other assets make up the marital estate, among other things. “Can my wife or can my husband take my car if it’s in my name?” is a question divorce lawyers hear every single day.
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