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Who Gets the Family Car in Our Divorce?

If you and your spouse cannot agree on the terms of your divorce, including asset distribution, those terms will be left up to the judge overseeing your case. Any assets considered marital assets, including vehicles purchased with marital funds, will be subject to the asset division and distribution process.

Of course, vehicles are unique in that they are very high-value assets, and that there may still be loans out on them. Here are some issues to consider:

  • Dealing with loans: If there is still outstanding debt on the vehicle, the party that receives the vehicle will likely be required to take on the entirety of the debt.
  • Vehicle usage: The way the vehicle is used will likely influence the judge’s decision as to who will receive it. The party that used the vehicle most before the divorce will have the upper hand in getting the vehicle. In addition, if it’s a vehicle that’s primarily used for transporting children, it makes sense for the person who has custody of the children to get that vehicle.
  • Valuation: The party who receives the vehicle may be forced to give up other assets to account for the value of the vehicle and create a more “equitable” distribution of marital assets.
  • Multiple vehicles: If there are multiple vehicles to distribute in the divorce, all the above issues will still apply. If those vehicles are of similar value, there may not be a need to factor in the value of other assets in the divorce.

For more information about asset distribution in divorce, contact a trusted Minnesota lawyer at Appelhof, Pfeifer & Hart, P.A.

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  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties.Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.


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