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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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My divorce has been finalized and within our divorce papers

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My divorce has been finalized and within our divorce papers we indicated that we would settle the financial part on our own vs in court. My ex and I are stuck on how to properly settle the value of my car and who's entitiled to what value. We had come to an agreement on the finacial part prior to the divorce being final, so I went and traded in my car so I could save money. I traded in the car prior to the divorce being finalized. My ex states that he is entitled to 36% (percentage based on what HE contributed to payments each month) of what was PAID on the car during the marriage which was $18,900. PLUS he wants 36% of what I was given as a trade-in value which was $9500. He states he is entitled to 36% of the $28,400. My question for you is: Is he correct that these two values should be added together and he's entitiled to 36% of it? or how is this normally calculated?

Thank you,
Marie Conrad
[email protected]

Hello and welcome.

I am sorry to hear of your difficult situation.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Hello again, Marie.

Vehicles are not an investment and actually depreciate over time, so it is not typically reasonable for an owner to expect to recoup the funds they paid on a vehicle. Instead, in a divorce proceeding, the couple are typically entitled to divide the value of the vehicle, so your spouse should normally receive a percentage of the amount you received for trade-in only ($9,500) and not a percentage of that PLUS the amount he contributed to the vehicle.

You could agree to a 50/50 split or some other equitable division of the proceeds. If you still cannot come to an agreement, you could agree to mediate the issue with a professional mediator, as that is often successful where the parties have failed to come to an agreement.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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