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 Utah, as in many states, cars are considered part of the marital estate and are subject to division during a divorce. Utah follows the principle of equitable distribution, which means that the court will divide marital property, including cars, in a way that is fair but not necessarily equal. If a car was purchased or leased during the marriage with marital funds, it is likely to be considered marital property, even if only one spouse's name is on the title. If the divorcing couple cannot agree on how to divide their cars, the court will make a determination. This decision will take into account factors such as the value of the cars, the financial situation of each spouse, and any other relevant considerations. The court may order one spouse to transfer the title of a car to the other and may also make decisions regarding the responsibility for any outstanding loans and insurance payments. It's important to note that the court's primary concern is to reach a fair and equitable division of all marital property, including vehicles.