If my vehicle is in my spouse’s name when I file for divorce, will my car be taken away?

If your name is not in your car’s title, you may not immediately lose your vehicle.

Filing for Dissolution of Marriage can become quite concerning for parties who hold the majority of assets under one spouse’s name.  Specifically, many clients come to me wondering if they will no longer be able to use their vehicle or live in their current home because the title is under the other spouse’s name.

Although the answer is not always simple, courts often award temporary possession of the martial home or use of a vehicle to one spouse while the divorce proceeding continues.   However, an award of temporary possession of the martial item does not necessarily mean you will automatically receive that possession in the divorce, but such an award will allow you to use the car or live in the martial home until the divorce has been granted.

If you have any concerns regarding the return of or the gifting of an engagement ring or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].