Cars are an important asset, and are often the subject of dispute in a divorce—whether the couple owns or leases one car or multiple cars. Because cars are property and often purchased or leased with marital assets (funds), they are subject to the court’s decisions on how to divide the property. If the parties to a divorce are not able to agree on the transfer of ownership (title) and responsibility for payment of any car loans and insurance, the judge or jury may make these decisions for the parties.
In Maine, as in many states, cars are considered marital property if they were purchased or leased during the marriage with marital funds. During a divorce, if the couple cannot agree on how to divide their assets, including cars, the court will make the decision for them. Maine follows the principle of 'equitable distribution,' which means the court will divide marital property in a way that is fair, though not necessarily equal. The court will consider various factors, such as the length of the marriage, the economic circumstances of each spouse, and the contribution of each spouse to the acquisition of the marital property, including cars. The court's decision will address who will retain ownership and who will be responsible for any remaining car loans and insurance payments. It's important to note that an 'equitable' division is based on fairness and may not result in a 50/50 split. An attorney can provide guidance on how these principles are likely to apply to an individual's specific situation in a divorce.