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 West Virginia, as in many states, cars are considered part of the marital estate and are subject to division during a divorce. When a couple divorces, any cars that were purchased or leased during the marriage with marital funds are typically considered marital property, regardless of whose name is on the title. If the divorcing parties cannot reach an agreement on their own regarding the division of their vehicles, the responsibility for any associated loans, and the payment of insurance, the court will intervene. West Virginia follows the principle of equitable distribution, which means the court will divide marital property in a manner that is fair, but not necessarily equal. The court will consider various factors, such as the length of the marriage, the contribution of each spouse to the marital property, and the economic circumstances of each spouse. The judge's decision on the division of assets, including cars, will be based on these considerations. It is important for individuals going through a divorce in West Virginia to consult with an attorney to understand their rights and obligations concerning the division of marital assets such as cars.