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 solely to the spouse who owns it.
Factors Considered in Property Division
When dividing marital property, Florida courts consider several factors, including:
- The contribution of each spouse to the marriage
- The economic circumstances of each spouse
- The duration of the marriage
- Any interruption of personal careers or educational opportunities
Can a Spouse Take a Car Not Titled to Them?
In general, a spouse cannot simply take a car that is not titled in their name. However, during the divorce proceedings, the court may award the car to the other spouse as part of the equitable distribution of marital property.
If a spouse takes a car without the court’s permission, it could be considered theft. If you’re facing this situation, it’s important to consult with a legal professional who can provide advice based on your specific circumstances.
Seeking Legal Advice
Divorce and property division can be complex, and the laws can vary depending on the specifics of your situation. It’s recommended that you consult with a Florida family law attorney for personalized advice.
Remember, this information is a general guide and not legal advice. Always consult with a legal professional for advice on your specific situation.
For more information on Florida’s divorce laws, you can visit the Florida Statutes Title VI Chapter 61 which covers dissolution of marriage, support, and custody.