Question from Jake, Can the Other Party in a Florida Divorce Take a Car Not Titled to Them?
Answer from AI:
In general, the division of property in a divorce, including vehicles, is determined by the laws of the state where the divorce is taking place. In Florida, the law follows an “equitable distribution” model, which means that marital property is divided in a manner that is fair, but not necessarily equal.
Understanding Property Division in Florida
Under Florida law, marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. This means that if a car was purchased during the marriage, it is typically considered marital property, even if only one spouse’s name is on the title.
However, if the car was owned by one spouse before the marriage, or was received as a gift or inheritance during the marriage, it is usually considered separate property and belongs to that spouse alone.
Can a Spouse Take a Car Not Titled to Them?
In a divorce, a spouse generally cannot simply take a car that is not titled in their name. The division of property, including cars, is typically decided as part of the divorce proceedings. If a spouse takes a car without the court’s permission, they could face legal consequences.
However, if the car is considered marital property, the court may award it to either spouse as part of the equitable distribution. This could happen even if the car is not titled in that spouse’s name.
Seeking Legal Advice
The division of property in a divorce can be complex, and the specific facts of your situation can greatly affect the outcome. Therefore, it’s important to consult with a qualified family law attorney who can provide advice based on your individual circumstances.
Here are some general steps you might take:
- Identify all marital and separate property
- Understand the value of each asset
- Consider the potential tax implications of property division
- Work with an attorney to negotiate a fair property settlement
For more information, you can refer to the Florida Statutes Section 61.075, which covers equitable distribution of marital assets and liabilities.
Remember, this information is a general guide and not a substitute for legal advice. Always consult with a legal professional for personalized advice.