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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33802
Experience:  Attorney with 15 years experience
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I am currently married but separated and ultimately

Customer Question

I am currently married but separated and ultimately divorcing. I want to purchase a new vehicle solely in my name. Am I able to do this without any consequences when the divorce happens?
Submitted: 8 months ago.
Category: Family Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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As a general rule, anything acquired during a marriage is considered marital property and is subject to division in any divorce action. But if you purchased a vehicle after separating, then since the vehicle will likely be worth as much as is owed, or possibly even less, the judge should assign that debt to you in any eventual divorce along with the vehicle.

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So yes you can purchase the vehicle and should do so using money that you acquire post separation so as to further establish this as your property and not a marital asset.

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thanks

Barrister