QUESTION
If I get a car after I am separated as a gift can my husband take it during the divorce?
Asked on Oct 23rd, 2023 on Divorce - Florida
More details to this question:
I have been separated for a few months. My husband refuses to sign and my 30 year old car is starting to fail. So I need a new car and is being gifted to me. I have started the divorce but like I mentioned he didn't want to sign so now I have lawyer but filling has not been completed. If I put the car in my name can he get do something. He will not even know I have it.
1 ANSWER
Dear Anonymous:
If you receive a gift from another individual and no marital assets were used to acquire same, then it is not part of marital property. This is more particularly true once you have filed for divorce. However, if there was any residual value in the old vehicle, then that value would still be part of marital assets. So, if you were to sell the old car and get $1000.00 for it, then that $1000 would be marital and subject to equitable distribution in the divorce.
I would make sure you can prove that the new vehicle was a gift and that no marital assets were used to acquire it.
Best of luck.
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward-Miami-Dade-Boca Raton
954-316-3496 -Broward/Miami-Dade
561-9622-2785-Boca Raton
Answered on Nov 09th, 2023 at 6:17 AM