Marital property confusion.

[Anonymous]

If you are gifted a car for your birthday titled only in your name, is it considered marital property? Therefore split 50/50 in a divorce? That would mean if your spouse purchased 5 cars titled in his name they would be considered marital property too?

[Anonymous]

It depends on state law

[Anonymous]

Yes of course, although 50% of the value of a car in the grand scheme of things should be too trivial to fight about.

[Anonymous]

Yes

[Anonymous]

Ladies (and gents too if applicable), don’t let your spouse intimidate you by saying things like I’m going to kick you out of “my” house or I’m going to keep all of “my” cars and leave you with nothing. State law varies, but generally speaking assets acquired during the marriage are marital property.

[Anonymous]

Anonymous wrote:If you are gifted a car for your birthday titled only in your name, is it considered marital property? Therefore split 50/50 in a divorce? That would mean if your spouse purchased 5 cars titled in his name they would be considered marital property too?

You have two separate issues listed above. Gifts to a single person will probably be considered separate property but will depend on the specifics of state law.

https://www.jdsupra.com/legalnews/5-tips-for-keeping-gifts-and-26079/

Husband buying cars for himself will depend on source of money and whether you are in community property state (none on East Coast).

https://www.nolo.com/legal-encyclopedia/separate-community-property-during-marriage-29921.html

In short, if he’s using his own money and you aren’t using the cars at all, then could be separate but will depend on state and details.

[Anonymous]

Value of car: Probably in excess of $10K.
Cost to get legal advice on this issue: Less than $100 (probably .2 of an hour).

Don't rely on DCUM for legal advice, it is often wrong.

[Anonymous]

Anonymous wrote:If you are gifted a car for your birthday titled only in your name, is it considered marital property? Therefore split 50/50 in a divorce? That would mean if your spouse purchased 5 cars titled in his name they would be considered marital property too?

Anything obtained DURING MARRIAGE is marital property. It's that simple.

[Anonymous]

Anonymous wrote:Yes of course, although 50% of the value of a car in the grand scheme of things should be too trivial to fight about.

Not OP but my DH just gifted me a $130k vehicle. Not trivial.

[Anonymous]

Bought during the marriage it's marital property.

No way would I or DH put up with putting only one person's name on a car title.

What if the other person dies? Pain in the neck to deal with.

Either you trust your partner or get a divorce.

[Anonymous]

Anonymous wrote:Bought during the marriage it's marital property.

No way would I or DH put up with putting only one person's name on a car title.

What if the other person dies? Pain in the neck to deal with.

Either you trust your partner or get a divorce.

This is a poor strategy from an asset protection viewpoint.

[Anonymous]

^edit and I mean protecting your assets from creditors, not the other spouse.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes of course, although 50% of the value of a car in the grand scheme of things should be too trivial to fight about.

Not OP but my DH just gifted me a $130k vehicle. Not trivial.

I said "should be" because I believe that owning cars with a non-trivial value is stupid.

[Anonymous]

OP here. The car was $170k and he never drives it but I drive his cars sometimes.

[Anonymous]

Anonymous wrote:

Anonymous wrote:If you are gifted a car for your birthday titled only in your name, is it considered marital property? Therefore split 50/50 in a divorce? That would mean if your spouse purchased 5 cars titled in his name they would be considered marital property too?

Anything obtained DURING MARRIAGE is marital property. It's that simple.

But this is flat wrong. What money was used to make the purchase is the first question. If husband had money that was his --- gift from relative, parent's estate and it was kept separate then likely still husbands alone. Next question, how was it used? In some states that is important as it could become transmuted to community property. Next what money maintained car.