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 Washington State, which is a community property state, cars acquired during a marriage are generally considered community property and are subject to division upon divorce. This means that both spouses have an equal interest in such assets. If a car is purchased or leased with marital funds, it is likely to be included in the marital estate for division purposes. In the event of a divorce, if the parties cannot agree on how to divide their cars, the court will decide based on what is just and equitable. The court will consider factors such as the duration of the marriage, the economic circumstances of each spouse, and the desirability of awarding the family home or the right to live there to the spouse with whom the children reside the majority of the time. The court's decision will address the transfer of title and the responsibility for any remaining car loans and insurance payments. It's important to note that the equitable division does not always mean a 50/50 split but rather what the court deems fair for both parties.