Divorce: Who Gets The Family Vehicle?

Divorce: Who Gets The Family Vehicle?

How property distribution rights are determined when a divorce is approved or granted

The general rules state that when you file for divorce in Georgia, you should consider sharing property. The general rules are often summarized as property can be divided up as follows (even if the specific legal outcome is different):

1. One half or more (80%) of an ex-spouse's property (with some limited exceptions) is shared equally by both parties. It is often said that one is entitled to the "half," while the other is entitled to the "whole".
2. One half or more of an ex-spouse's net worth is equally distributed among all parties. When all assets have been distributed, one half or more will be set aside for the kids or other relatives. Property can be set aside for the kids or other relatives but only if the ex-partner was a major child care provider for the child.
3. One half or more of an ex-spouse's home is the property of both parties. In some states where property law is similar to that in the U.S., this asset division can also be done for children.
4. As the ex-husband, the ex-husband is entitled to "half of the family dwelling." This includes the house, the car, the other ex-spouse's home, and other personal property. When an ex-husband's spouse chooses to pay some or all of the family's bills out of pocket, their share of the bills can be divided when the divorce is granted. A few states permit the ex-husband to keep part of the home or use it for his own purposes.
5. One half or more of an ex-spouse's personal belongings are divided equally between the ex-partner and the ex-partner. For example, when one spouse dies, half of the family car or boat is left by the deceased spouse. The surviving spouse does not claim any of the family property but must pay their share out-of-pocket.
6. In the most extreme divorce, one spouse gets everything and the other spouse gets nothing. Divorce may not take place until both the ex-partner and his or her spouse agree to divorce in some or all of the following way:

-the other spouse signs a consent request called a DRS. This forms what is known as an Affidavit of Consent. A spouse is allowed to sign this if they wish;

-a judge of the Superior Court or family court of the county where the divorce is requested can approve a final dissolution of marriage. The judge must hold a hearing and decide whether to approve the divorce as "full and final," which allows the parties to decide on the full amount of money;

-If all of the above criteria are met, the judge must approve the divorce, which allows one of the spouses to begin the divorce procedure, such as filing for divorce or taking other steps to file for divorce.

Once a judge agrees to a final divorce, the judge decides what gets paid, and what does not. Once the divorce is filed, any assets, debts, and property that are still in the ex-spouse's name are in the spouse's name (unless the money or property was earned by the ex-spouse prior to the marriage and is not subject to division), or in the name of the ex-spouse's child or heirs.

My name is Lisa. I work as a lawyer, specializing in divorce proceedings. In my free time I write articles about relationships, marriages and divorces.