Want to keep the car in a Divorce? Heres what you need to know!

A vehicle is a valuable asset that can be critical to an individual’s professional and day-to-day existence.

However, when a couple divorces, there are no guarantees that the spouse who drove a specific car will maintain ownership of that property.

The JB Martin Law Firm, who specializes in divorce law invites Pennsylvania residents who might be facing divorce or other interested parties to read this short blog highlighting what might become of a vehicle or other pertinent assets following a separation.

Contested Versus Uncontested Divorce

How assets such as vehicles are dispersed following a divorce is often dictated by whether the separation is uncontested or contested.

Uncontested Divorces

In instances where couples split and can agree on how to resolve specific personal, legal and financial issues, both parties may reach an amicable separation.

Should the splitting factions determine their divorce in an uncontested fashion, assets such as vehicles will be divided in a manner they deem fair.

Typically, parting spouses wishing to resolve their divorce amicably retain the services of a family lawyer and disclose the issues each side believes requires resolution.

Each party’s attorney then enters the negotiation process, which will continue until the individuals in question reach settlement on all pertinent issues.

In the case of one spouse retaining ownership of a car, said individual’s lawyer might be able to demonstrate their need to maintain use of the car and convince their soon-to-be former spouse to agree to such a provision.

Contested Divorces

When splitting marriage partners cannot reach an amicable settlement, court intervention might be necessitated and is often determined by several vital legal concepts including the marital property and equitable distribution principles.

Marital Property

In Pennsylvania, assets legally categorized as marital property are divided when a couple divorces. Marital property is defined as the assets a couple accumulated during their marriage.

Marital property differs from separate property, which is considered assets one spouse or the other owned before the wedding.

In certain instances, the separate property could be acquired after the marriage became official such as through inheritance or gifting.

Ownership of a vehicle following a divorce will be determined by whether the asset is recognized as a marital or separate asset.

Should the car in question receive the legal designation of separate property, the spouse who owns, the car in question will maintain ownership of said property.

If the item is considered marital property, it is subject to equitable distribution.

The Equitable Distribution Principle

Pennsylvania law mandates that marital assets be divided in conjunction with the equitable distribution principle.

Equitable distribution means that the adjudicating body will divide matrimonial assets as evenly and reasonably as it feels it is appropriate.

It is important to note that equal does not necessarily mean an even fifty-fifty split.

A judge or jury will consider several different factors including but not limited to the age of both spouses, each spouse’s current financial circumstances, the income of both spouses and the contributions each has made to the accumulation of marital assets.

Source: https://jbmartinlaw.com/family-law/divorce/

Help of a Legal Professional in an Accident Case

Some people that suffer a personal injury, such as in a car wreck, may not be aware of their legal options in seeking compensation for legal help their injury. Since they may not have had any previous experience in a personal injury accident case, knowing when to contact legal help may prove to be a challenging or worrisome task. The San Antonio accident lawyers at Grossman Law Offices provide the following questions to ask yourself should you have been hurt in an accident and believe you may be due compensation from the party at fault.

Do you have a negative feeling about your accident case? Trusting your intuition often has merit in personal injury accident cases. If you believe that you’re being taken advantage of, either by the liable party or an insurance adjuster, you’re encouraged to contact proper legal help so that they can guide you towards your possible legal options.

Is the other party being uncooperative? If, for example, you were injured in a car accident and the liable driver refuses to provide you with their insurance information or is acting aggressively against you in the aftermath of the accident, you will likely be in need of legal assistance to procure compensation from that individual or their insurance company.

Is the insurance agency of the liable party constantly questioning you? Insurance adjusters can employ certain tactics in order to get a victim to admit to some, or even all, of the liability for their own accident, thus getting their own client off the hook, so to speak. One of the ways they do this is by asking similar questions in slightly different ways, hoping to confuse a victim or trap them with their own seemingly conflicting answers. Enlisting the help of an experienced attorney can help mitigate the risk of talking to these particular kinds of insurance adjusters.

Has the insurance company of the negligent party offered to settle with you? Insurance companies exist to make money, and if they think they can make a quick settlement occur that is often worth less than what fair compensation is, they will opt for that route instead of allowing a full personal injury accident claim to be brought against them. If a victim has agreed to a settlement, there is likely very little that even an experienced attorney can do for that victim. In order to prevent the possibility of receiving less than fair compensation, a victim in a personal injury accident should seek the help of a knowledgeable attorney so that their attorney can deal with the insurance agency.

Seeking professional legal help in a personal injury case is an important factor towards receiving the compensation you likely deserve for your injury. If you have answered yes to any of the above questions, you’re likely in need of proper legal representation and should contact a lawyer in your jurisdiction to help guide you towards your proper legal options.

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