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 Wisconsin, which is a community property state, all assets acquired during the marriage are considered marital property and are subject to division upon divorce. This includes cars, whether owned or leased. When a couple divorces, if they cannot agree on how to divide their assets, including the responsibility for car loans and insurance, the court will make the decision for them. The court aims to divide marital property equally unless there is a compelling reason not to do so. The division of property, including cars, will take into account factors such as the length of the marriage, the property each party brought into the marriage, the age and health of each party, and the earning capacity of each party. The court may order one party to transfer the title of a car to the other and may also allocate responsibility for any outstanding loans and insurance payments. It's important for individuals going through a divorce in Wisconsin to understand that the court's primary goal is to reach a fair and equitable division of all marital property, including vehicles.