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Who Gets the Car in a Georgia Divorce?

A car can be worth much more than its monetary value. Many people in Georgia depend on their automobiles for work. Others might need a car to pick up their children from school, or to drop them off at soccer practice. Your car might also be a source of pride, or it could be something that provides you with freedom and independence. Losing your car might sound like one of the worst things imaginable as you go through a divorce in Georgia. When you learn how this matter is handled in an average divorce, it becomes easier to keep hold of your automobile after the marriage is over. 

If you are serious about approaching property division in the best way possible, get in touch with an experienced family law attorney in Georgia. Not only can our legal professionals help you keep possession of your car, but we can also help you with virtually every other aspect of your divorce. These include child custody, alimony, child support, and much more. 

Separate Property vs. Marital Property

The first thing you need to know is that there is a clear distinction between separate property and marital property in Georgia. Separate property includes everything you owned prior to the marriage contract being signed. It also includes gifts and inheritance. Everything else you purchased or acquired during the marriage is considered marital property

If you owned your car before the marriage, inherited it, or received it in the form of a gift, you will not have to worry about losing it during a divorce. You will remain the owner of the vehicle. If the court classifies the car as marital property, however, you will need to go through the equitable distribution process in order to determine who will leave the marriage with possession of the vehicle. 

Equitable Distribution

Georgia follows a system of equitable distribution, which means that the court will try to divide assets in an “equitable” manner between spouses. Note that “equitable” does not necessarily mean “fair.” A fair way to approach this situation would be to divide the vehicle 50/50 between the spouses. 

Since a vehicle is not very useful when it has been sawed in half, the only real way to split the car equally is to sell it and then divide the proceeds. However, you may have the ability to keep your car if you provide your spouse with another asset equal to half the vehicle’s value. This “trading” system is often the best way to keep possession of assets that have particular value to one spouse. 

Enlist the Help of a Qualified Attorney Today

If you have been searching the Georgia area for a family law attorney, look no further than Lankford & Moore Law. We have considerable experience with divorces in Georgia, and we can help you approach this situation with confidence. Every little detail matters when it comes to divorce. Although possession of a car might seem like a trivial matter to outsiders, we know that losing your automobile can have an impact on your career, your freedom, and many other aspects of your life. Reach out today, and we can develop an effective action plan together.

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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