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The family car: Who gets it in a North Dakota divorce?

On Behalf of | Dec 5, 2024 | Family Law |

Dividing assets in a divorce is, unfortunately, a common process. It typically involves discussing who gets the house and what happens to the money in a joint bank account. But that’s not all. Which parent gets the family car is also an important part of these negotiations.

The family car is often important in all family members’ daily lives, so parting with it and deciding who keeps it is undeniably stressful.

One parent might need the car for their commute and the other might need it to bring the kids to school. The family vehicle, once a shared resource, becomes a focal point in divorce negotiations. Here’s generally what happens to the family car in a North Dakota divorce.

Possible outcomes to consider

As North Dakota is not an equal-split state but an equitable distribution state, who gets what won’t be straightforward. Instead, the court will consider various factors to determine a fair division of assets, including the family car. Some possible outcomes include:

  • One spouse keeps the car and buys out the other’s share
  • The car is sold and the proceeds are split between both parties
  • One spouse gets the car while the other receives assets of similar value
  • If there are multiple vehicles, each spouse might keep one

The court will consider factors such as each spouse’s financial situation, who uses the car more than the other and who needs it for work or childcare responsibilities. If there are children involved, the primary caregiver might be more likely to keep the family car.

Reaching a decision

Many couples in North Dakota reach an agreement about the family car outside of court. However, if they can’t agree, a judge will make the final decision based on the principle of equitable distribution. That holds true for all marital property (assets acquired during marriage) in the state.

This is generally how the division of a family car is handled in a North Dakota divorce, though each situation is unique, so outcomes are different from one family to another.

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