What You Need to Know When Dividing and Protecting Your Motorized Recreational Vehicles in a Divorce
By September 28, 2017 Articles
Dividing property in a divorce can be one of the most complex parts of the entire process. There may be real estate, financial accounts, collectibles, and other assets that individuals want to protect from their spouses.
Motorized recreational vehicles are a common factor in many divorce cases, and understanding how they can be protected is essential to the outcome of your case.
State laws can vary, and they may change over time. So working with a skilled attorney can give you the resources you need to protect your recreational vehicles and maintain your rightful ownership.
The Division of Property in Divorce
The division of property in a divorce case is determined by state laws.
Any assets that were acquired prior to the marriage are considered “separate” in the state of Georgia. This includes personal gifts or inheritances as well as assets that both spouses have agreed to classify as “separate” property. Any assets acquired during the marriage are considered marital and are divided equitably, meaning however is most fair.
Georgia courts typically consider a number of factors when dividing marital property. Future needs, financial status, actions that resulted in the loss of assets, and behavior of each spouse during the marriage can influence the court’s decisions.
Courts can also base their decisions on the fault of individuals in a divorce case. Cases that involve adultery and other misconduct can cause one spouse to obtain a larger share of assets.
Recreational Vehicles in Divorce
Recreational vehicles including motorcycles, dirt bike, jet skis, RVs, ATVs, boats, that were acquired during a marriage are included in marital assets that must be divided..
Most people are unaware that the name on a vehicle’s title may not necessarily reflect the person who will actually be granted the vehicle once the case is settled.
That’s why it’s important to consult with a skilled attorney who can help you determine the options for protecting your recreational vehicles.
You’ll need to determine the value of each vehicle and gather the documentation related to each in order to ensure that they remain protected during a divorce.
You will also need to document the make, model, year, license number, and outstanding balances on all of your recreational vehicles prior to your divorce proceedings.
Legal Protection for Your Recreational Vehicles
If vehicles were purchased and paid for prior to the marriage, or if they were purchased during the marriage and paid for with funds that weren’t directly connected to marital assets, they may be exempt from division.
Vehicles that were given to you as gifts and are in your name can also be free from the risk of being included in the marital assets.
Along with the manner in which recreational vehicles were obtained, other factors such as the funds used for their purchase and maintenance can also influence the court’s decisions on how they’ll be divided.
Your attorney will help you understand the laws related to divorce and property division.
Having an attorney help you to present your case is essential to achieving the outcome you want so that you protect your assets and continue to meet all of your lifestyle needs after your divorce.