Q: divorce: husbands name on car title, can I have car in divorce?
Car was given to us from husbands mother as a safe car to use because we have a daughter. I would want to keep car because I will have sole custody. My name isn't on title but I pay the car insurance.
A:
You can use it during the divorce unless you are prevented by court order. You can also request the car as part of the divorce settlement regardless of who was actually on title (in Colorado any titled property is presumed jointly owned regardless of names listed between spouses--note, some exceptions can apply). Be aware, bequests are normally outside of the marital estate, but from your facts it does not appear the gift would likely qualify as a bequest.
Contact a family law attorney for specific guidance.
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