Philadelphia, PA asked in Divorce and Family Law for Pennsylvania

Q: Can my spouse gain my new car after a divorce?

I got my car before my marriage, but I plan on trading it in next year. The new car that I get would be during the marriage but the loan is carrying over from my old car. Can I possibly lose my car if I get a divorce even though I only drive it, pay for it, and my name is on everything? Or should I do a post-nuptial agreement, to keep all my assets safe from a divorce?

Related Topics:
1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Schenectady, NY
  • Licensed in Pennsylvania

A: This is a hyper-technical question that relies heavily on the knowledge and experience of the Pennsylvania judge.

The asker paints a picture that shows her separate property acquired prior to marriage, an automobile, which is a rapidly depreciating asset. Ordinarily, cars are ignored in divorce litigation given their falling worth, but the marital money used to buy the automobile is not a falling asset.

One judge could find that a portion of the car's worth belongs exclusively to the asker, and some portion of the new purchase using marital money goes to the other spouse. Another judge can find that the whole car before and after goes to the asker because she is allowed under law to spend marital money on an automobile as she is allowed to spend money on food meaning that such spent money is not recoverable in divorce.

Pennsylvania law favors the first judge's finding. However, Pennsylvania is an equitable distribution state which means the totality of the marital estate is split and not every individual asset is split. Perhaps the asker can keep her car while the other spouse keeps his tool kits, or baseball card collection, or camera equipment, as an example.

Post nuptial agreements are best suited for very high net worth spouses with complex financial structures to protect. As a vehicle depreciates into oblivion, wasting time and money on a post nuptial agreement for an automobile is a bad idea as far as financial planning is concerned. However, we have no idea of the level of wealth the asker has, and this answer is merely an educational foray into equitable distribution law and not specific legal advice given to an anonymous asker in a vacuum.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.