The courts often will go with which person was primarily driving a given car. Usually if a person is driving the car in question, the person will be awarded that car in the divorce. There are still issues regarding equitable distribution as to who’s going to get other property. If one person is getting more property, chances are they’re going to be paying the other person a little bit after everything is equaled out. If the people getting divorced can’t come to an agreement, then the court’s going to decide sometimes. The court clearly has the authority to say just sell the vehicles or sell all of the personal property involved with the divorce.
That’s something that the courts will often do. Now with regards to spousal support, if there is a car payment that is going to be paid by one person or another, sometimes the court will use that in determining how much the person is going to get in spousal support. For example, if there is a strong large disparity in income between person A and person B who makes more, then person B may give the car since a car payment may exist. That’s going to be something that is going to be factored into alimony. Now in West Virginia, we do not have any kind of element alimony formula, but at the same time the court can factor that in terms of the person’s personal expenses in the divorce.
These are some basics when it comes to motor vehicles and the divorce and also to expenses associated with the motor vehicle are going to be factored in. For example, car insurance, property taxes, things of that sort are going to be factored in. Sometimes, even repairs and reasonable maintenance going into the future is factored into alimony as well.