Who gets the car in a divorce
Cars are often the most discussed assets in a separation: they’re essential for work, childcare, and day-to-day life, and they can carry finance or negative equity.
In Scotland, how a vehicle is treated depends on whether it’s marital property, who needs the car during the divorce process most, and how it fits into a fair overall settlement under the divorce settlement guidelines. Family Law (Scotland) Act 1985. Below, we explain how the courts and solicitors approach cars in separation and divorce and what practical steps you can take right now.
Divorce in Scotland: how cars are treated
Assets in Scotland are typically assessed on the relevant date, which is often the separation date. A car that you get when you are married or in a civil partnership is normally considered marital property. One that was purchased before marriage or bought after separation usually isn’t. Fair sharing usually implies splitting things up evenly, but the court can change things depending on need, money, and other factors.
Who gets the car?
There’s no automatic winner. The question “who gets the car” is decided in the round: who needs the vehicle for employment or school runs, who has access to public transport, who can afford running costs, and what outcome produces a fair overall division when all assets and debts are considered.
How is a car in a divorce valued and divided?
A car during divorce is usually valued at open-market value (e.g., dealer quotes, reputable online guides, or independent appraisal). From that value, subtract any outstanding finance to find the equity or negative equity. Often, one party keeps the vehicle and the other receives an offset (cash or other assets). If agreement isn’t possible, sale and division of net proceeds (or apportionment of shortfall) may be more practical.
Why consulting to a lawyer right away is helpful
A lawyer can quickly confirm if the car is joint property, look over financial agreements (HP, PCP, and lease), and give legal advice on how to negotiate or write a Minute of Agreement, which is a legally binding Scottish split agreement. Getting help early on can help you avoid making mistakes that cost a lot of money, like thinking that the registered keeper is the formal owner or ignoring negative equity that changes the numbers totally.
What happens to your car during a divorce?
When managing a car during divorce, keep insurance current, avoid transferring or selling without consent, and continue essential payments to protect credit ratings. Record mileage, condition, recent repairs, and value evidence. If it’s a shared vehicle, agree on ground rules for use until matters are settled to avoid conflict and potential liability.
Can I keep the car?
Whether you can keep the car depends on affordability (fuel, insurance, tax, maintenance), finance terms, and fairness across the entire settlement. If you keep it, be prepared to refinance in your sole name (if a lender allows) and compensate your spouse with an offset from other assets.
What if there’s a car loan, PCP or HP?
A car loan or HP/PCP often means you don’t yet own the vehicle outright, but the finance company may. The outstanding balance reduces (or eliminates) equity. With negative equity, the party keeping the car may also take on the shortfall as part of the overall divorce settlement, or you might agree to sell the car and split any deficit fairly.
Is the car marital property?
“Marital” (matrimonial) usually covers assets acquired between the date of marriage and the date of separation, so a car bought during that period is typically in the pot. Exceptions can apply (e.g., certain gifts or inheritances). A car bought after separation is generally excluded; a car owned well before marriage is usually excluded too (subject to any special circumstances).
How family law principles apply to vehicles
Under family law in Scotland, the goal is a fair division, not necessarily a 50/50 split of each item. Courts balance need, resources, childcare arrangements, and economic disadvantage from the marriage. That’s why a primary carer who needs a reliable vehicle for school and medical appointments may be prioritised to retain the car, with an offset elsewhere.
How courts decide who keeps the car
Sheriffs take into consideration the following factors when deciding who will keep the car:
- Need and use (employment/childcare)
- Affordability and reliability
- Availability of alternatives
- Value and finance
- The fairness of the whole settlement including pensions, savings, and debts. Evidence, finance agreements, valuations, and proof of use matters.
Who gets the car during divorce: common scenarios
“Gets the car in divorce” often turns on facts:
- Family workhorse with finance: Primary carer keeps it; finance assumed or refinanced; other spouse receives offset.
- High-value car with equity: Either keep it with an offset, or sell and split the net proceeds.
- Negative equity: Keeping party also takes the shortfall or it’s shared via the overall settlement.
- Company or leased car: Usually not an asset to divide; focus shifts to whether alternative transport is needed for the other spouse.
How to decide who gets the car (negotiation tips)
To decide who gets the car, start with practicalities: Who needs it daily? Who can insure and maintain it? What’s the net equity after finance? Then explore solutions, offsets, refinancing, or sale. Making a deal official in Scotland means writing it down in a Minute of Agreement.
Can I buy a car after separation?
If you plan tobuy a carafter separation, that vehicle is usually non-matrimonial, but lenders may assess your affordability while your finances are unsettled. Keep clean records of the date of purchase and the funding source to avoid disputes.
Practical checklist for dealing with a car in a split
Whendealing with a car:
- Gather documents: V5C/keeper details, purchase invoice, finance statements, MOT/servicing and insurance.
- Get a current valuation and note condition/mileage.
- Confirm who’s named on finance and who’s been paying.
- Keep insurance and tax up to date.
- Avoid getting rid of things impulsively and first reach an agreement in writing.
- Consider a temporary use/insurance arrangement pending settlement.
Registered keeper vs owner: whose car is it?
The V5C shows theregistered keeper, not necessarily the legal owner, so the “whose car” question turns on who paid, the finance terms, and any agreement between you. A bill of sale, bank transactions, and the finance contract are all examples of evidence that may be used to prove ownership.
How SGT Law Firm can help
At SGT Law Firm in Glasgow, our family law solicitors regularly negotiate vehicle issues within broader financial settlements. We’ll value the car properly, analyse finance, assess need, and secure a binding Minute of Agreement or represent you in the sheriff court if required.
Speak with a solicitor today for a free initial consultation about your options for keeping, transferring, or selling a vehicle as part of a fair settlement.
