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Cars and divorce - who gets the car?

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Recently updated on September 11, 2023 at 01:07 am

Cars and divorce - who gets the car?

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When it comes to separation and subsequent divorce, there are numerous aspects to consider. There is no hope that yours Win back ex-partner, separate spouses have to deal with household items in addition to new tax classes and financial issues. The shared car can also be considered as part of the common household.

What is the common household items?

In the event of a divorce, the question regularly arises as to who should own the shared car. For a property dispute, it is important whether the car is part of the household contents or whether a dispute has to take place according to the regulations on equalization of gains.

The term household items encompasses all movable objects that are intended for housekeeping, housing or family coexistence based on the living and financial circumstances of both partners. Objects or assets that are to be regarded as capital investments, such as a coin collection, on the other hand, are to be allocated to profit sharing. For a shared car, the question arises as to whether this is for both spouses private family purposes was used.

What counts for family purposes?

Cars and divorce - who gets the car?

In addition to weekend and holiday trips and shopping trips, trips within the scope of childcare are also part of the family. This can include school visits or hobbies such as soccer training or music school. The vehicle must therefore be used by both spouses mainly for family purposes have been used. If the car was used most of the time by a partner for professional purposes, such as a trip to work, it is not included in the household items. This also applies if there was mixed use and the vehicle was also used for the family purposes mentioned. In the case of the self-employed, the company car must therefore be taken into account in the equalization of profits and is included in the calculation of the company's assets.

What about second cars?

Family households often also have a second car. This is also not necessarily attributable to household items. Again, it has to be checked to what extent the vehicle was mainly used for private life and household management purposes. The focus here is on the joint use of both spouses. If both partners have one vehicle each and are employed, this speaks against a classification as household items. Collectibles such as classic cars are also usually subject to profit sharing.

Cars and divorce - who gets the car?

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About Thomas Wachsmuth

Thomas Wachsmuth - He has been an integral part of tuningblog.eu since 2013. His passion for cars is so intense that he invests every available penny in them. While he dreams of a BMW E31 850CSI and a Hennessey 6x6 Ford F-150, he currently drives a rather inconspicuous BMW 540i (G31/LCI). His collection of books, magazines and brochures on the subject of car tuning has now reached such proportions that he himself has become a walking reference work for the tuning scene.  More about Thomas

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