Navigating the Sale or Trade of Your Ex-Spouse’s Car in Arizona

Navigating the complex world of divorce can be emotionally draining and legally challenging, especially when dealing with assets like cars.

As a legal paraprofessional from De Novo Law, a Phoenix, Arizona-based firm specializing in family law, we are here to help you understand your rights and responsibilities concerning your ex-spouse’s car during and after a divorce with children.

In this article, we will discuss the following topics:

• Legal Ownership of the Car
• Division of Assets and Community Property
• Car Loans and Financial Responsibilities
• Possible Scenarios and Options for Selling or Trading the Car
• Assessing Compensation for Retained Jointly Owned Cars in Divorce
• How De Novo Law Can Assist You Through the Process

According to a study by the American Psychological Association, approximately 40 to 50 percent of married couples in the United States get divorced.

Knowing your rights and responsibilities when dealing with assets like cars during a divorce is essential.

Legal Ownership of the Car

In Arizona, the legal ownership of a car is determined by the name on the title.

Arizona Revised Statute § 28-2060 states that a vehicle’s title is evidence of ownership.

If the car is in your name, you are the legal owner.

However, if the car is in your ex-spouse’s name, they are the legal owner.

You are co-owners if the car’s title is in both of your names.

In the case of co-ownership, you can sell or trade the car if both parties agree.

However, if your ex-spouse disagrees, you may need to address this issue in your divorce proceedings or seek legal help to resolve the dispute.

Division of Assets and Community Property

Arizona is a community property state, meaning that any property acquired during the marriage is generally considered community property and must be divided equitably upon divorce.

Arizona Revised Statute § 25-211 defines community property as any property acquired by either spouse during the marriage, except for gifts and inheritances.

The car would likely be community property if purchased during the marriage.

If the car is community property, you and your ex-spouse must agree on whether to sell the car.

The court can decide during the divorce proceedings if an agreement cannot be made.

Car Loans and Financial Responsibilities

If the car has a loan and you are the primary borrower, you may be responsible for the debt even if your ex-spouse possesses the car.

Arizona Revised Statute § 25-318 addresses the division of debts in a divorce, stating that the court may assign each spouse their proportionate share of the community debts.

If you are making payments on your ex-spouse’s car, you should discuss this issue with your attorney or legal paraprofessional to determine your rights and responsibilities.

You may need to negotiate with your ex-spouse or seek a court order to transfer the loan or refinance the car in their name to remove your financial responsibility.

Possible Scenarios and Options for Selling or Trading the Car

When it comes to selling or trading your ex-spouse’s car, there are several possible scenarios:

1. If the car is in your name and considered community property, you may be able to sell or trade the car with your ex-spouse’s consent.
2. If the car is in your ex-spouse’s name, you may need their permission to sell or trade it, even if you make the payments.
3. If the car is co-owned, you and your ex-spouse must agree on the sale or trade or seek a court order to resolve the dispute.
   

In any of these scenarios, it’s essential to communicate with your ex-spouse and attempt to reach an agreement.

If you cannot reach an agreement, you may need to address the issue in your divorce proceedings or seek legal help to resolve the dispute.

Assessing Compensation for Retained Jointly Owned Cars in Divorce

In Arizona, a community property state, assets acquired during the marriage are generally considered community property and must be divided equitably upon divorce, as outlined in Arizona Revised Statute § 25-211.

 If your ex-spouse retains ownership of a jointly owned car after the divorce and keeps the car, you may be entitled to compensation.

The court will consider various factors when dividing assets, including the value of the car, each spouse’s financial contributions, and the overall division of marital property.

It’s essential to consult with a legal paraprofessional or an attorney to ensure your rights are protected and you receive a fair share of the assets during the divorce proceedings.

How De Novo Law Can Assist You Through the Process

At De Novo Law, our experienced legal paraprofessionals can help you navigate the complexities of divorce with children in Arizona, including the division of assets like cars.

We can assist you in understanding your rights and responsibilities, as well as guide you through the process of selling or trading your ex-spouse’s car.

Our team can:

• Review your situation and guide your legal rights and responsibilities regarding your ex-spouse’s car.
• Assist in negotiating with your ex-spouse to reach a fair and equitable agreement on the division of the car and any related debts.
• Draft the necessary legal documents to ensure that any agreement reached is legally binding and enforceable.
• Represent your interests in court if an agreement cannot be reached and the issue must be resolved through litigation.
• Help you navigate the complex Arizona Revised Statutes related to divorce, child custody, and asset division to protect your rights.