In a divorce, it is not uncommon for spouses to divide jointly acquired property, including a car. But the husband has the opportunity to keep the car if he proves that it was bought not with the family budget, but with other funds, said auto lawyer Lev Voropaev.
According to him, this is difficult if it is an official marriage without an agreement on the division of property.
The fact of acquiring any property, especially gifts in marriage, indicates that this is jointly acquired property. During the division, you can try to refute this.
According to Voropaev, the key point is to confirm that the funds for the purchase of the car are not from the family budget, but, for example, from parents or other relatives. In this case, the car will not be divided in a divorce.
For reliable protection of property, the lawyer recommends concluding a prenuptial agreement before registering the marriage, in which the rights to property in case of divorce are prescribed in advance. The contract must be drawn up by a notary so that it has legal force.
Thus, a properly executed contract and documentary evidence of the source of funds for the car will help keep it for yourself even in the event of an official divorce.