Is a car purchased during marriage subject to division?
All property purchased by spouses during marriage is considered jointly acquired, unless otherwise established by agreement between the spouses.
Property that cannot be divided in a divorce includes personal and household items, intellectual property rights, social benefits, and property acquired before marriage or through gratuitous transactions.
A car is not included in this list; therefore, such property can be divided during a divorce.
It’s important to know : it doesn’t matter which spouse the car is registered to and whose money was used to buy the car. If it is acquired during marriage, it belongs to both.
Even if one of the spouses does not have a driver’s license, this does not deprive him of the right to own a car.
Civil and family law establishes general provisions for the division of jointly acquired property, including a car.
As a general rule, when spouses divorce, the car is divided in equal shares. The law provides for a change in shares in favor of the spouse with whom the minor children remain.
Also, the spouse’s share may decrease to a lesser extent if during the marriage he did not work for an unjustifiable reason or spent family funds inappropriately (for example, due to alcohol or drug addiction).
The law suggests dividing the car in two possible ways:
- Conclude a peace agreement on the division of joint property;
- Divide the car in court.
Property division agreement
In the agreement, the spouses indicate the procedure for using the car during marriage or in the event of divorce, as well as the market price of the car at the time of its preparation . Such an agreement must be in written notarial form.
Such an agreement greatly simplifies the division of property and saves spouses from unnecessary disputes in the future.
You can share a car peacefully as follows:
- Leave it as personal property of one of the spouses;
- Sell, and the funds from such sale are divided equally or in another proportion established by the agreement;
- Transfer the ownership of the car to one of the spouses, while the second spouse receives monetary compensation for the transfer of property acquired in the property.
The agreement specifies one of the above options and determines the procedure, under what conditions and at what point in time the division of the car will be carried out.
The car remains the sole property of the spouse in the following cases:
- it was given to one of the spouses or he received it through another gratuitous transaction;
- he got the car by inheritance.
Is it possible to return a used car to a car dealership?
Most often, buyers realize that they did not get what they dreamed of upon returning home or during use.
Andrey Brusnitsin, director of the Berezovsky Privoz automobile complex, Sverdlovsk region:
— Buyers very rarely ask to return a purchased used car. As a rule, no more than once a month and even less often. But such cases do happen. The reasons are different: on the way home the car broke down, and the breakdown was significant. When we arrived home, my wife and relatives didn’t like the car. Or the car did not impress or disappointed in movement, and so on.
You can return your used car to the dealership. The buyer has 15 days to do this. But the return process is completely different from, for example, returning clothes (they are accepted even without a reason). A car is considered a technically complex product. The money for it will be returned if real shortcomings are discovered, such as broken body geometry.
You can take the car back to the dealership after 15 days, but with one of the conditions:
- If during the first two years after purchase the car spends more than 30 days a year in service.
- A significant flaw was discovered.
Yuri Demin, auto lawyer, Saratov:
— A significant drawback is a defect that makes it impossible to further use the machine. It appears more than once, and the cost of eliminating it is disproportionate to the price of the car.
Also read: 5 sure signs that a car is being sold after an accident
Division of a car purchased before marriage
One of the spouses may own a car before marriage. In this case, the car, like other “premarital” property, is not subject to division either by agreement or in court.
The second spouse will not have rights to the car, even if he used it regularly during the marriage.
Please note: during the marriage, one of the spouses can sell a car purchased before marriage and buy a new one with the proceeds from the sale of the old car.
The fact that a car purchased during marriage is owned by only one spouse, since it was purchased with the proceeds, will need to be proven.
Division of a car purchased with credit funds
During a divorce, not only jointly acquired property is divided, but also all joint loans of the spouses. This also applies to car loan payments.
Until the loan is repaid, the car is not subject to division, since it is actually pledged to the bank.
What can you do in case of dividing a car taken on credit:
- buy the car from the bank, after which it ceases to be a “credit” car. Then in this case the spouses can divide the car according to their wishes;
- sell the car to a third party, after the sale pay off the debt to the bank and divide the remaining funds among each other;
- The car remains in the ownership of one of the spouses, while making single payments on the loan and reimbursing the second spouse for half the cost of the car;
- spouses have the right to agree that the car becomes the property of one of them with the payment of monetary compensation to the second, but at the same time the obligation to pay monthly payments to the bank remains with both of them;
- one of the former spouses can pay the debt in full to the bank, while the second spouse will be obliged to pay him monetary compensation in the amount of his monetary loan obligation.
Is it possible to return a car purchased on credit to the dealership?
A loan car can also be taken to a car dealership. Refunds are subject to the same conditions as for full payment for the car. The dealer is obliged to transfer the entire amount along with interest, and you transfer it to the bank. The latter, in turn, removes the mark on the deposit, gives the title, after which you hand the car back to the store.
The law also allows for a vehicle with legal problems to be returned to the dealership. Such cars, unfortunately, are also often found in dealerships. For example, at the beginning of 2021, one of the Moscow dealers sold a Hyundai Creta to a woman, who was listed as collateral. The problem only became apparent after a month of use.
To save yourself from unnecessary problems, lawyers advise carefully checking the history of the car, even if you buy it from a good car dealership. Run the car through the databases and make sure that your future iron horse is completely clean and will not let you down.
Here's an example: the fourth Optima is sold for almost a million rubles. The manager of the car dealership said that the car was in perfect condition, not damaged, the oil and brake pads had been changed.
We check the car through avtocod.ru and immediately see that the car is damaged.
The accident occurred in April 2021.
There is no diagram of the damage, but from the calculations of the repair work it becomes clear that the impact fell on the front part.
The bumper, radiator grille, and hood were replaced. In total, restoration costs ranged from 112,658 to 119,628 rubles.
The Optima actually had a technical inspection. At the same time, the car's mileage decreased.
It’s not pleasant to find out about problems after the purchase. If you are planning to return the car, but the seller does not cooperate, you will only be able to get your money back through the courts. Additionally, you can recover money for moral damages.
Also read: 8 most common mistakes when buying a car
Expert assessment of car value
In cases where it is not possible to independently determine the market value of a car, spouses can turn to the services of an auto expert who will help calculate the real price of the car, taking into account its rating on the market, natural wear and tear, year of manufacture and other characteristics.
It is important to know : a car examination is also carried out in the event of a dispute about the procedure for determining the use of a car. If one of the spouses uses the car alone and does not provide it for use by the other party, then you should contact the judicial authorities to resolve the dispute.
Then the court may order an examination, during which the expert will assess the real value of the car based on the documents presented, since the car will not be available.
The examination also solves another problem in the event of a dispute: an unscrupulous spouse, agreeing to divide a car, may deliberately underestimate or inflate its value in order to obtain greater benefits.
The expert’s conclusion will establish the real value of the car and the interests of the parties will not be violated.
An assessment of the actual value of the car can be carried out after its sale. This happens when a spouse, not wanting to share joint property, sells a car.
How to avoid becoming a victim of scammers when buying a car?
In conditions of shortages in the Russian car market, scammers have become more active, offering cars in stock at low prices and without additional options. How to avoid falling for the tricks of scammers and what actions should you take if you become a victim of deception? We addressed these questions to leading experts and car dealers.
Vladimir Semakov , director,:
— I’m unlikely to reveal any special secrets or solutions for all occasions. You just need to remember them if you decide to buy a car.
If you are buying a new car, before looking for that “one and only unique offer just for you”, conduct a market analysis. Look how much the desired model costs from official dealers, what the recommended price is on the websites of automakers. This is the price you need to focus on. Then you can begin to monitor the market in search of the minimum price and optimal offer. You might be lucky enough to snag a special offer from a dealer. But in any case, this will not be a price significantly different from the “official” one. Anything that is 20-30-50% below the market should definitely raise red flags. In the best case, upon arrival at the salon, it turns out that this price is formed taking into account the trade-in discount, a package of additional services and options, and the final cost will be significantly higher.
As an example, one of the advertisements that recently caught my eye: Hyundai Tuscon New with a 2-liter engine and a 6-speed automatic transmission. The price in the advertisement is 2.3 million rubles. The actual price in the showroom is 2 million 967 thousand rubles. Thus, for 700 thousand you will receive an alarm system (for about 20 thousand rubles), winter tires (for 20 thousand), floor mats (for 5 thousand) and anti-corrosive.
Another example is the May offer for Volkswagen Polo, the price in the advertisement is 589 thousand rubles. On the spot, it turns out that this is the price provided that the car was purchased with insurance products, extras, etc. The actual final price that one could count on was about 1.1 million rubles.
But these are options due to which you will simply lose time associated with a trip to the salon. It’s much worse when you run into scammers. In this case, you may find yourself subject to enslaving conditions specified in the contract that you did not notice - a waiting period of several months and the inability to cancel the contract without penalties, a mandatory loan, etc. The advice is banal - read the contract carefully, take your time, ask for help someone who understands this. Don’t be fooled by pressure from the seller (“the showroom will close soon, you need to make an advance, there is still a buyer for this car...”). You need to understand a simple truth: if this were a truly unique offer, you would most likely not get it, especially now that it’s a “seller’s market.”
Another tip: take with you an assistant who is knowledgeable about the issue - unlike you, he will have a cool head, since he is not a buyer. Buying a car for most of us is a stressful and quite emotional undertaking. And the buyer himself is in such a state that he is not always able to adequately perceive reality, notice all the mistakes and pay attention to inconsistencies.
ALL ANNOUNCEMENTS ON CLASSIFIDE ARE THROUGH PROFESSIONALS
As for buying a used car, you should understand that when purchasing a used car, you are entering the territory where professionals work. Therefore, simply by definition, you cannot be the first to see an advertisement for the sale of a used car in perfect condition and at a low price. All newly published advertisements immediately after being placed on classified sites go through those who do this professionally.
But that doesn't mean there aren't good cars on the market. They are. You just need to understand that it will either not be the lowest price, or not the best technical condition, or the seller fundamentally does not want to deal with outbids (and then you may be lucky). Therefore, the first advice is not to chase the lowest price.
CHECKING A CAR ON SPECIAL RESOURCES – ANOTHER PROTECTION AGAINST FRAUDERS
Get your car stamped on special resources for road accidents, liens - you can find out a lot of interesting things (Autocode, Autotek). Carefully check the VIN in the ad with the VIN under the hood - a “random mistake” (as the seller will say) of one character can cost you dearly. And the symbol “5” instead of “S” in the VIN may mean that the car with the real VIN went through the total. Similarly, check the mileage and number of owners on the same resources - taking your word for it in this matter is not the best idea. Even a transmission indicated in the ad as an “automatic” may in fact turn out to be a CVT.
Pay attention to the special labels that classified ads place next to advertisements. For example, on the website avito.ru, some sellers have a “Verified Partner” badge. It, of course, does not provide a 100% guarantee and protection, but it does mean that the seller has been repeatedly checked for the accuracy of the information posted on Avito and has passed the test.
DISTINGUISH REAL FROM FAKE REVIEWS
Look at reviews on websites. Despite its apparent simplicity, it is quite a difficult task to distinguish a real review from a fake one. You need to be able to read reviews and understand whether the buyer is a real one or a “manager on salary/fee”. Perhaps the first piece of advice is to start reading reviews with the negative ones. Don't be afraid if there are any - no seller can please all buyers. Learn to read them and analyze them. Pay attention to what negatives buyers focus on. Then move on to positive reviews and read them in the context of the knowledge gained. And it is in positive reviews that fake ones are more common.
Another truism, but it is true: if you do not have real experience in checking the technical condition of a car, it is better to entrust the selection of a car to professionals. You will really save money. These are probably banal and obvious things, but this is what many buyers fall for.
Sergey Novoselsky , director of marketing and digital products, investment (owns RRT ):
— If you become a victim of scammers in the car market, naturally, you need to immediately contact law enforcement agencies. No matter how loud it may sound, even if you don’t manage to get your money back, at least the chance increases that more attention will be drawn to specific scam schemes, and fewer innocent people will fall into them. If it is possible to attract the media, disseminate information on social networks, this should also be done precisely to prevent such situations in the future. And, just as money should be kept in savings banks, as Georges Miloslavsky said, cars should be bought and serviced from official dealers. This is the only way to be sure that the company that provided the service or sold the product is responsible for it and will not disappear from the horizon, taking the clients’ money.
Maxim Ryazanov , technical director of the car dealership network, Fresh Auto :
USE THE FNP SITE AND THE REGISTER OF NOTICES ABOUT PROPERTY PLEDGE TO CHECK YOUR AUTO
— In 2021, new fraudulent schemes for selling cars have appeared on the Russian car market. Several years ago, the most popular way to deceive a new owner was to sell collateralized cars, that is, cars that were essentially owned by banks. Today, the legal status of a vehicle is easy to check on the FNP website in the Register of Notifications of Pledge of Movable Property, but many Russians do not use this, once again falling for the tricks of scammers.
A CAR SELLER CAN BE A VICTIM
Recently, a deception scheme with a purchase and sale agreement (SPA) has been increasingly used. In this case, it is not the buyer who becomes the victim, but the seller. For example: the owner sold his car, received the money, signed the PTS and DCP - the deal took place. A few days later, the new owner of the car calls the seller and, under the pretext that due to financial problems, he is reselling the car to a third party, asks to conclude an agreement again, only with different buyer data, reassuring the seller that he has not yet registered the car. The unsuspecting seller helps out the buyer, but a few days later he receives a claim from “friends” of both buyers that he sold the same car to two people. As a result, the seller faces criminal liability, but the scammers offer to resolve the issue without going to court - to return from 50% to 100% of the cost of the car sold. Therefore, it is necessary to remember that the new owner of the car has the right to sell it to a third party on his own behalf, having in hand a title and a sales agreement with the previous owner.
Also common methods of deception are still misleading mileage, falsifying documents for a car, selling a car with less rich equipment than indicated in the ad, and even substituting a car - when a potential buyer inspected one vehicle, but ended up leaving in another, far from it. as serviceable as he saw initially.
There is a high probability of encountering the actions of scammers when exchanging a car for a trade-in: its cost goes as a down payment, the owner signs the contract and only at home notices that the cost of the new car is twice as high as what was initially discussed. If a buyer encounters such a trick at a car dealership, which is extremely rare and is only possible in the case of unscrupulous players without a reputation, it is worth contacting the automaker whose model was purchased, or an organization authorized by it. If the issue cannot be resolved, go to court or Rospotrebnadzor. According to the law “On the Protection of Consumer Rights,” the buyer has the right to freely choose goods and services, and if they are imposed, the car dealership will compensate the client for all losses. At the same time, the legislation of the Russian Federation also protects motorists from deception in the secondary market - according to Article 179 of the Civil Code, a deal concluded through deception can be canceled.
In general, it is worth choosing proven players and dealers who are responsible and guarantee the quality of the services provided. It is worth reading reviews about the salon and the company in advance - then you are less likely to encounter scammers.
Legal dispute regarding car division
In the absence of a peace agreement between the parties, one of the spouses has the right to appeal to the judicial authorities.
Statement of claim . The statement of claim must be accompanied by a car valuation report, a marriage certificate, as well as documents confirming the right to property, a loan agreement (if the car was purchased with loan funds).
A car is an indivisible property and therefore cannot be divided in kind.
Decisions that the court can make regarding the determination of the order of use of the car: give sole ownership to one spouse and require him to pay compensation for it to the second spouse, as well as transfer the car as part of other property, awarding the other party other property or money.
In addition, the court determines who exactly will get the vehicle and what the amount of compensation will be.
If the car is sold, at the request of the second spouse, the court may make the following decisions:
invalidate the car purchase and sale transaction and return the car to the former spouses for further division in accordance with the procedure established by law,
recover from the spouse in favor of the second spouse half the market value of the car.
If the spouses act in good faith and did not act to the detriment of each other, the court determines which of them needs it more and therefore reserves the right to the vehicle to him.
As a general rule, the car goes to the spouse who used it more often during the marriage. The second spouse receives monetary compensation or property equivalent in price to the vehicle.
The court also determines the payment period and the procedure for transferring compensation in accordance with the financial situation of the spouse.
