How to separate the car after the divorce
HOW TO SEPARATE THE CAR AFTER THE DIVORCE
In the event of divorce, all property that has the status of co-acquired should be divided between already ex-spouses. This means that such a rule also includes such objects as a personal car. How can it be divided?
Car – indivisible property
Registration and accounting of personal vehicles is handled by the State Automobile Inspection. For her, the owner of the car is the citizen to whom it is registered. Therefore, when purchasing a car in a marriage, it is not worth registering it with the relatives of the wife or husband, because in case of family breakdown, to prove the fact that the car is part of the family property is very problematic.
If it does not matter for traffic safety management whether the citizen is legally married at the time of registration of the car, then from the point of view of the family code this fact is fundamental. By law, it does not matter who is listed in the registration documents, has a driving license and constantly uses the car, only the fact of its acquisition in a legitimate marriage is important, which means that the right of joint ownership is extended to this type of property.
On the other hand, personal transport belongs to the category of property, which has the status of indivisible. The point is that if a machine is literally divided into two equal halves, then it will not be able to perform its functions, and its value will be reduced at times. In the network there are commercials, when the former spouses cut the car into two halves, they say, here’s your part, take it and use it. But this approach is highly discouraged by lawyers, because the court may leave the vehicle behind the person who damaged it, and the other party will receive compensation equal to half of the real value, until the time of deliberate harm. Thus, considering the car division case between the former spouses, the court must find a way to satisfy the interests of both owners, but at the same time preserve the value of the property.
Variants of the car section at divorce
If it is a question of property, then it is always possible to divide it among themselves on the basis of a concluded contract. If a compromise can not be found, then you should apply to the courts. As a rule, the Ukrainian courts make the following options for decisions:
The property right goes to the ex-husband (wife), but he (she) must pay the second party a cash compensation of half the value of the car. In order to determine the amount of payment by the court, an independent evaluation is appointed.
The car goes to the personal possession of one of the spouses, and the second instead receives another property in personal property, which has an equivalent value.
If the court is not able to decide in whose property the car will pass, it decides to split it in equal shares. That is, the right of ownership is reserved for both parties.
The latter option should be considered in more detail. It is possible to single out a positive moment, that now each of the spouses is officially the owner, because this fact is established by the court. And the disadvantages of this decision is that it is completely incomprehensible how two owners should share a car among themselves. Usually in such a case it is necessary to negotiate with each other (it is recommended to conclude a formal agreement) or to apply again to the court with a request to establish a regime for using joint property.
How to split a credit car
Separately it is necessary to understand situations when after the breakup of a family it is necessary to divide the car purchased on credit and which is not yet closed. The peculiarity of these cases is that financial obligations acquired during family life are also subject to separation between former spouses. Proceeding from this, courts usually make the following decision options.
First – the car goes into full ownership of the spouse, who constantly uses it. He must pay his former wife (husband) half of the money for the first installment and the amount that has already been paid on the loan. Debt obligations are divided, and the rest of the debt to the bank will be repaid by the owner of the car.
The second – similarly to the first variant the car becomes personal property of one of the spouses and it should pay the second compensation in the form of half of the means already paid for it, but the obligations under the loan are not divided. In this situation, the parties can agree among themselves that the person who got the car will voluntarily repay the debt to the bank voluntarily. Or a spouse without a vehicle will have to pay its share of the loan, and then re-apply to the court to receive compensation from the actual owner of the vehicle.