Is a Car Titled in One Spouse’s Name “Marital Property” in a Maryland Divorce?
In Maryland divorce cases, when the parties cannot agree on how to divide their property, it is left to a circuit court judge to make an “equitable division.” The first step in such a division is determining the scope of the couple’s “marital property.” Under Maryland law, any property acquired by either spouse during the marriage is marital property with a few exceptions. Conversely, any separate property acquired by a party before the marriage is generally considered non-marital property.
Judge Rules Against Ex-Wife’s Claim to Ex-Husband’s 1972 Datsun
In some cases, it may not be clear exactly when an item of property was acquired, i.e. before or after the marriage. So Maryland courts may look to how the document is titled to make a determination. For instance, a car title may be used to prove or disprove that a motor vehicle is marital property.
The Appellate Court of Maryland recently addressed such a case. In Everngam-Price v. Price, the former wife appealed the circuit court’s division of marital property on numerous grounds. As relevant to our discussion here, she challenged the trial judge’s determination that a 1972 Datsun was non-marital property. The parties agreed that the vehicle was worth about $10,000 at the time of their divorce. But they disagreed as to whether the vehicle was marital property subject to the court’s overall equitable distribution.
During the divorce trial, the former husband testified, “We have a Datsun that is in my name, that my son drove as a high school student, I am keeping it for him. I would like to transfer that into his name.” The former wife maintained that while their son did occasionally drive the Datsun while in high school, the car was still marital property.
But as the former husband testified, the car title only listed him as an owner. The circuit court ultimately agreed the car was non-marital property, and the Appellate Court upheld that decision. As the Appellate Court explained, “Title registration raises a rebuttable presumption of ownership” under Maryland law. The former wife therefore had the burden of proving the car was marital property. And [t]here was no evidence presented that rebutted the vehicle’s ownership as belonging to anyone but the title-holder, the [former husband], who let his son use it while in high school.”
Notably, the former wife could not even produce any evidence of when the car was purchased. As previously noted, the car was a 1973 model Datsun. The parties married in 1993. In a footnote, the Appellate Court said the “age of the car allowed for the rebuttable presumption that would not have been present for an item that was necessarily purchased during the years the parties were married.”
Contact a La Plata Property Distribution Lawyer Today
Property division is often the most technically complex aspect of a Maryland divorce case. That is why it is helpful to work with an experienced La Plata property division attorney to represent your interests. Contact Fanning Law today at 301-934-3620 to schedule a consultation. We serve clients in LaPlata, Waldorf, and Lexington Park.
Source:
scholar.google.com/scholar_case?case=4622825687204139160
