Saturday 26 April 2014

If I purchased a motorcycle before we got married under my name. Then before we got married I traded that motorcycle for a car. Do I need to...

Question

If I purchased a motorcycle before we got married under my name. Then before we got married I traded that motorcycle for a car. Do I need to sell that car and split the money with my wife that im divorcing?



Answer

Property that you own prior to marriage is separate property. Property you acquire during marriage is presumed to be community property unless you can prove differently. If you can prove the motorcycle was owned prior to marriage and it was traded in on the car then all, or at least a portion, of the car can be considered separate property and not subject to division in a divorce.



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