How a car is divided during a divorce between spouses in 2021

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Unfortunately, divorce is most often associated with the process of dividing property. In Russian legislation, this issue is largely regulated by the Family Code. Its articles establish what type of property can be divided, in what shares, as well as possible participants in such a transaction. The topic of dividing a car during a divorce in 2021 deserves special mention, given that the vehicle falls into the category of indivisible property.

If the car was purchased before marriage

When dividing the property of former spouses, it is necessary to focus on the articles of the Family Code. So Art. 36 strictly states that all property acquired by husband and wife before marriage is considered their personal property. This means that it will not be possible to divide it during a divorce. But there is one exception to this rule.

The second spouse has the right to claim, for example, the division of a car or other property if funds from the family budget or personal savings of the second spouse were invested in its improvement. The best example would be this situation. Let’s say a citizen bought a used car before marriage, then got married, and a few years later the family decided to get a new, spacious car. For this purpose, the old car was sold, and then a new car was purchased, money from the family budget was invested in the purchase. Or a new car was not purchased, but the old one was repaired at a shared cost.

If the owner is the husband

If only the husband is the owner of such an improved car, then the wife still has a chance to get her share. To do this, she will need to collect all documentary evidence that confirms the fact that the general money or her savings were contributed to improve the car.

Receipts from a car repair shop or car dealership are suitable for this. A bank printout of the movement of money from an account or bank card may also be useful. The most ideal option is a check that shows, for example, that the invoice issued by the auto repair shop was paid from the wife’s bank card, etc.

Having collected all payment documents and filed a claim, the wife needs to file them in a court of general jurisdiction. It would be a good idea to obtain prior legal advice.

You can download a sample statement of claim for the division of a car during a divorce on our website.

In this case, the spouse cannot necessarily count on dividing the car in equal shares. Perhaps the court's decision will be an order for the payment of some monetary compensation. During the hearing, they will probably request a certificate of valuation of the car. Then the judge will compare the cost of the car at the time of purchase and divorce, and divide the resulting price difference in half. This will be the amount of compensation payments. But there are many options here.

When the owner is the wife

When dividing a car in 2021 between spouses, Russian law in no way focuses on gender. If the car belongs to the wife, then it will remain her property. If it is jointly acquired property, it will be divided in equal shares. Those. all of the above about the owner-husband is equivalent to the owner-wife.

Methods for dividing a car

Current legislation provides for two options for dividing property during a divorce. The first involves concluding a settlement agreement pre-trial or during court proceedings. The second involves consideration of the case in court, for which one of the parties needs to file a claim for division of the car after a divorce.

Regardless of the option chosen, one of three methods is used to divide the car between spouses:

sale of a car with subsequent division of money;
transfer of the vehicle to one of the spouses with payment of monetary compensation to the second;

transfer of a car to one of the spouses with compensation to the second in the form of other property of similar value.

Each of the methods, when implemented correctly, can ensure the protection of the interests of both interested parties. The main thing is to legally correctly draw up all the necessary documents. Their list and the sequence of actions taken depend on how the property is divided - in court or by settlement agreement.

If the car was given to one of the spouses

According to Art. 36 of the RF IC, property received as a gift by one of the spouses remains his property even during a divorce. It does not matter in what period the gift was presented: during the marriage or before it. The main thing is that the gift deed is executed in compliance with all formalities and the new owner assumes his legal rights.

Division of a car given to one of the spouses during a divorce.

If the ex-spouses are concerned about dividing the car, then all of the above applies to them as well. There are often situations when relatives of one of the parties give a car for a wedding, declaring that it is a gift for both newlyweds. However, if the deed of gift and documents confirming ownership are issued in the name of one person, then it will not be possible to divide the car during a divorce. The exception, again, will be improvements for the car or its repairs, which were paid from the family budget or from the personal funds of the second spouse. Then the second party, if there is evidence, can claim compensation.

Is it possible to share a car without going to trial?

It seems that the most obvious option to decide the fate of a shared car is to go to court. However, there is a completely legal way to avoid litigation and determine the right to common property on a voluntary basis.

All you need to do is draw up a written agreement that details what property is transferred to each spouse.

To give this document legal force, it must be notarized. A notarized agreement is mandatory for execution by the parties.

Voluntary execution of such an agreement will save you not only from wasted time and nerves, but also from the significant costs of litigation.

There are no special requirements for the content of the agreement. The most important thing is that both partners come to a mutually beneficial compromise and are able to formulate their decision on paper. In this case, the car will be specified in the agreement in the same way as other types of property assets.

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Dividing property during a divorce is not an easy task. It is good when the spouses draw up a marriage contract and determine in advance what property will go to each spouse. But this is rare. Typically, such issues are resolved directly during the divorce process. This also applies to the car section in 2021.

If the car is personal property acquired before the wedding, received by inheritance or as a gift, then it will remain personal property after the divorce.

For jointly acquired property during a divorce, other rules set out in Art. 38 RF IC. This means that each spouse will receive half of the entire property. But how to divide a common car in such a situation, because it is impossible to cut it apart.

In such a case, the car is recognized as the property of one of the spouses, and the second is paid appropriate monetary compensation. Less often, the car is sold, and the proceeds are divided in established shares.

Through the court

Most often, spouses deal with the division of property through the courts. The statement of claim is filed in a court of general jurisdiction. Either party can do this. The result of the trial is a decision in accordance with which the owner of the vehicle is determined and the amount of compensation that must be paid to the other party. Provided that it is prescribed.

To do this, the judge will request an independent expert opinion on the possible market value of the object if the life of the car exceeds 5 years, and also provided that the car was purchased not through a dealership, but second-hand.

By agreement

If the former spouses have maintained a completely loyal relationship to each other, then they can divide the property without the intervention of a third party by drawing up a division agreement. By the way, it is not at all necessary to wait for a divorce to sign such a document. It is permissible to do this while being married simply in case of its potential possibility.

Should the car go to the parent with whom the children stay?

Not really

The agreement must describe in as much detail as possible each object that is subject to division. If we are talking about a car, then it is necessary to indicate the number, model, color, cost, etc. and it should be remembered that, unlike a marriage contract, in which it is possible to delimit the ownership of any property, even those that have not yet been acquired, According to the terms of the agreement, only property acquired jointly is divided.

An agreement on the division of property must be notarized (Article 38 of the RF IC).

Very often on legal websites you can find information that contacting a notary in such a situation is voluntary. This is wrong. Without notarization, the document will be considered void.

On our website you can see an example of filling out all the data.

How to divide a car after a divorce: step-by-step algorithm of actions

To decide the fate of the car during a divorce in an optimal way for both parties, you will need a clearly created action plan. Typically, it consists of 6 main steps. Here are their contents.

1 step. Determining the cost of a car

If the car is to be divided in court, you will have to pay a state fee for filing a claim. Its value directly depends on the cost of transport, which will be determined by an independent expert at the time of submitting claims.

Step 2. Checking all documents

You need to make sure that the vehicle’s passport, as well as its registration certificate, are up to date. If some of the documents are not available, you should take care of obtaining their duplicates from the traffic police.

Step 3. Negotiating the fate of the car on a voluntary basis

To avoid lengthy litigation, the easiest way for spouses is to sign an agreement on the voluntary division of a car with a notary. The agreement may provide for the provision of compensation in an agreed amount.

Step 4 Filing a claim in court

It is filed with the district court in the defendant’s area of residence. It should describe the fact of divorce, provide all the characteristics of the vehicle (model, year of manufacture, all license plates).

It is also necessary to justify why the plaintiff should get the car. Possible reasons could be the daily need to get to work, or the use of a car in business.

Step 5 Receiving a court decision after it has entered into legal force

We must wait for the moment when the court's decision finally enters into legal force. This will happen either after the deadline for filing an appeal has expired, or based on the results of its consideration.

Step 6 Re-registering a car in your name

If the car received after the divorce was registered in the name of the second spouse, you should pay a visit to the traffic police.

There you need to obtain a new car registration certificate, as well as make changes to the existing registration certificate. If desired, you can order other license plates, but this will require additional costs.

We have provided the main points that outline the procedure for dividing a car during a divorce. However, each case may require additional adjustments to be made to the entire process.

Sample application

When drawing up a statement of claim to the court, it is necessary to build on standard practice. The document must contain the following information:

the name of the court to which the application is submitted;
basic passport data of the plaintiff and defendant (full name, date of birth, address of registration and actual residence, passport series and number);
name of the submitted document;
cost of claim;
information about the place and time of marriage and its dissolution;
all basic information about the car that is supposed to be divided (number, model, color, engine and body number, date of purchase, etc.);
information about who has the ownership title;
the cost of the car upon divorce and upon purchase;
the essence of the main claim;
a list of regulations that confirm the plaintiff’s case;
date of application;
plaintiff's signature with transcript;
list of documents attached to the application.

Before going to court, it is best to seek prior advice from an attorney who specializes in these types of issues to help you understand the potential resolution of your claim.

Required documents

In order for the statement of claim to be accepted for proceedings and court proceedings to proceed without constant postponements, it is necessary to initially attach a package of documents to the claim (copies are needed):

general passports of both parties;
registration certificate for the car;
an opinion on the condition and market value of the car issued by an independent expert;
a document by which ownership of the car can be established;
if the car was purchased on credit, then you need a loan agreement with the bank;
a document confirming payment of the state fee for filing a claim;
certificate of divorce;
other documents, if the plaintiff assumes that their presence may affect the court decision.

Consideration of a case that concerns the division of property can take from 2 weeks to six months. And in some cases up to 9 months.

The judicial procedure for the division of jointly acquired property, incl. car.

The division of jointly acquired property in court is carried out by either spouse filing a claim with the court for the division of property.

Statement of claim for division of a car, if the cost of the claim exceeds 50 thousand rubles. must be filed in the district court.

The statement of claim for the division of jointly acquired property must meet the requirements of Art. 131 Code of Civil Procedure of the Russian Federation and contain:

name of the court;
the name of the plaintiff, his place of residence, as well as the name of the representative and his address, if the application is submitted by a representative;
information about the defendant: for a citizen - last name, first name, patronymic (if any) and place of residence, as well as date and place of birth, place of work (if known) and one of the identifiers (insurance number of an individual personal account, taxpayer identification number, series and the number of the identity document, the main state registration number of the individual entrepreneur, the series and number of the driver's license, the series and number of the vehicle registration certificate). In a citizen's statement of claim, one of the identifiers of the defendant citizen is indicated if it is known to the plaintiff;
what is the violation of the plaintiff’s interests and his demand;
the circumstances on which the plaintiff bases his claims;
list of property subject to division;
legal basis of the requirements (links to regulations);
cost of claim;
information about compliance with the pre-trial procedure for contacting the defendant (if it is provided for by current legislation);
information about the actions taken by the party (parties) aimed at reconciliation, if such actions were taken;
list of documents attached to the application.
The application may indicate telephone numbers, fax numbers, and email addresses of the plaintiff, his representative, and the defendant.

The statement may set out the plaintiff's requests.

The plaintiff’s request may be made in the form of a separate document and attached to the statement of claim.

If one of the spouses has concerns about the safety of property acquired during the marriage and is subject to division, he has the right, simultaneously with filing a statement of claim, to file a petition with the court for interim measures.

The petition for interim measures is considered by the court without summoning the parties.

If the court recognizes the validity of the petition, the court has the right to prohibit any transactions with property subject to division.

Measures to secure a claim may be:

seizure of a car owned by him or other persons;
prohibiting the defendant from performing certain actions;
prohibiting other persons from performing certain actions related to the subject of the dispute;
suspension of the sale of a car;

It is important to remember: in order for the court to grant your request and take effective interim measures against the debtor, your request must be motivated.

The petition for interim measures is considered by the court without summoning the parties.

If the court recognizes the validity of the petition, the court has the right to prohibit any transactions with property subject to division.

APPLICATION FOR SECURITY OF A CLAIM (SAMPLE)

To court

from ______________________

on business __________________

Petition

on securing a claim

I am the Plaintiff in case No. _____ in the claim of _______________ to _____________ about _______________ (indicate the subject of the claim).

In accordance with Art. 139 of the Code of Civil Procedure of the Russian Federation, a court or judge, upon the application of persons participating in the case, may take measures to secure the claim. Securing a claim is allowed in any situation in the case if failure to take measures to secure the claim may complicate or make it impossible to enforce the court decision.

Currently, the following situation has developed in this case: ___________, in connection with which, I believe that failure to take measures to secure the claim may complicate or make it impossible to enforce the court decision.

Based on the above and in accordance with Articles 35, 139, 140 of the Code of Civil Procedure of the Russian Federation

ASK:

Take measures to secure the claim brought by the Plaintiff ______________ to _______________ about ____________ (Case No. ______) in the form of ______________.

Plaintiff (Plaintiff's representative) ___________________________

"___"______________ ____ G.

If the plaintiff is unable to obtain and present evidence to the court, he has the right to petition the court to request this evidence.

APPLICATION FOR REQUEST OF EVIDENCE (SAMPLE)

In ___________________ district (city) court

From ___________________________________ (full name)

______________ (address)

(plaintiff, defendant, 3rd party)

APPLICATION FOR REQUEST OF EVIDENCE

The case is being processed by __________________________ (name of the court) on the claim (application) _ ___________________________________________________ (full name of the parties to the case, subject of the dispute) _____________________________________________________ . Due to the lack of the Plaintiff and the impossibility for him to obtain, due to ______________________________ _________________________________________________________, evidence _________________________________________ ____________________________________________________________, (indicate what documents, etc. must be requested) ___________________________________________________ which confirm (or refute) the following circumstances ____________________________________ _________________________________________________________, which are of fundamental importance for the consideration of this case, and on the basis of Art. 57 Code of Civil Procedure of the Russian Federation

ASK:

The court requests ______________________________ from ________________________________ _______________________________________________________ (type of evidence) _________________________________________________________ (indicate who has the specified evidence, full name (name of legal entity) and address) ____________________________________________________________.

Signature Date

The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court.

Documents attached to the statement of claim:

In accordance with Part 6, Article 132 of the Code of Civil Procedure of the Russian Federation, it is necessary to attach to the statement of claim a notice of delivery or other documents confirming the sending to other persons participating in the case, copies of the statement of claim and documents attached to it, which other persons participating in the case have , absent;
Original receipt for payment of state duty;
Copies of the plaintiff’s and defendant’s passports;
Copies of marriage and divorce certificates
Copy of PTS;
Vehicle registration certificate
A copy of the report on the value of the car to be divided;
Copies of documents confirming the acquisition of property with the personal funds of one of the spouses;
Evidence of sending a copy of the claim to the Defendant
Details for paying the fee are on the district court website.

The amount of the state fee paid when filing an application for a court order in a magistrate's court or a statement of claim in a district court is determined in accordance with Part 1, Article 333.19 of the Tax Code of the Russian Federation.

In the case under consideration, the claims for the division of jointly acquired property in marriage are of a property nature, since the satisfaction of the claims implies the receipt by each of the spouses of certain things or valuables as property.

When filing a claim of a property nature, the state duty will be, based on the cost of the claim:

up to 20,000 rubles - 4 percent of the claim price, but not less than 400 rubles;
from 20,001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles;
amount from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles;
from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles;
over 1,000,000 rubles - 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles;

The filed claim is subject to consideration within two months from the date of receipt of the statement of claim by the court.

The consideration of the case may be postponed if one of the parties fails to appear, or if additional evidence is requested, at the initiative of the court or the party.

The consideration of the case may also be suspended, for example, for the duration of an examination appointed by the court.

Usually, at the end of the court hearing, the judge announces the operative part of the decision, which indicates the satisfaction of the claim or refusal to satisfy it.

After some time (from 5 days - in practice it has happened up to a month), the judge makes a decision in full with a descriptive and motivational part.

The decision made by the court in the case may be appealed within a month from the date the court issued the decision in final form.

The court decision on the division of the car comes into force one month from the date of production in its final form, and if the debtor appeals the decision, from the date of consideration of the appeal by the appellate authority.

A court decision that has entered into legal force is the basis for re-registering the car to a new owner. If the case is resolved by the appellate authority, accordingly, a ruling of the appellate authority is presented for formalization.

COST OF LAWYER'S SERVICES

Conclusion:

Consideration of cases on the division of property (a car, among others) is often lengthy and requires studying the circumstances of the acquisition and maintenance of the car, requesting and examining evidence, and conducting an examination of the value of the car.

An important point is to research and prove that one of the former spouses needs a car.

Errors in the formation of a position and the procedure for proving the circumstances that are the subject of the study can lead to the loss of ownership rights to property.

In practice, the division of a car is often accompanied by a contestation of transactions, as a result of which one of the spouses sold a car acquired during marriage.

The division of property acquired during marriage is practically never carried out without the involvement of a lawyer or lawyer specializing in resolving property and family disputes.

Help from a lawyer in dividing a car during a divorce:

Will help to assess the market value of the car;
Provides advice on car division during divorce;
Provide assistance in collecting evidence;
Draw up an agreement on the division of the car;
Will prepare the necessary documents (statement of claim, response to the claim)
Draw up a statement of claim and submit it to court;
Represent your interests in court;
Will carry out the case in court in any instance.

DO YOU NEED TO DIVIDE YOUR VEHICLE?

DO YOU NEED A LAWYER'S HELP WITH PROPERTY DIVISION?

CONSULTATIONS BY TEL. 8 (812) 922-99-80.

If there are two cars in the family

It happens that there is more than one car in a family, but each spouse has their own car. If their cost is equal, then the division process will not take much time. It’s just that everyone will keep the car they drive.

If their cost varies significantly, then to divide the car they resort to the following manipulations. The basis will be an expert’s opinion on the market price of both cars at the time of the divorce. These amounts will simply be added, and the total will be divided in half. The cost of the cheaper car will be deducted from the amount received.

This final amount will have to be paid to the other party by the one who gets the more expensive car.

Car sharing agreement

The law does not prohibit the division of property on the basis of a voluntary agreement concluded between former spouses.

Such a document must contain the following information:

Information about the parties (personal and passport data are indicated);
Information about the car that is subject to division;
Information about the conditions under which one of the spouses is going to leave or transfer the existing car;
Information about the order in which the parties intend to fulfill the terms of the agreement (where and when the transfer of the object of the agreement will take place);
Information about the date and place of the conclusion of the compilation.

Please note that it is recommended that such a document be notarized.

If there are children in the family

According to the Family Code, jointly acquired property is divided in equal shares between both spouses. The presence of minor children should not affect this process in any way.

Division of a car between spouses if there are children.

Except in cases where the child is documented to be one of the owners. For example, if funds belonging to it were spent on the purchase of a car. But in such transactions he plays the role of the owner, not the child.

Property division. Statute of limitations.

The statute of limitations for claims (applications) for the division of jointly acquired property is 3 years from the date when the party learned, or should have learned, about the violation of its right.

EXAMPLE: A car was purchased during marriage using the joint funds of both spouses. The car is registered in my husband's name. After the divorce, the husband uses the car. Some time after the divorce, the ex-husband sells the car. The statute of limitations for the ex-wife begins to run from the day when she learned or should have learned about the sale of the car by her ex-husband

.If demands for division of property are filed after the statute of limitations has expired, the court will accept the claim for consideration, but in order to refuse the plaintiff’s claim, the defendant will only need to declare that the statute of limitations has passed at the court hearing.

CONTACT AN ATTORNEY TO ASSESS THE LEGAL PERSPECTIVE OF YOUR SITUATION

How is a loan or collateral car divided?

Certain difficulties may arise if, during a divorce, a car purchased with the help of a car loan is divided, the debt on which has not been fully repaid. Here, much will depend on the decision of the bank in which the car is registered as collateral, and on the terms of the loan agreement itself.

If the car was registered during the marriage, it is considered jointly acquired property. This means that during a divorce, the debt must be divided in half between the former spouses. When the payments are over, the car is re-registered, and then the car is subject to division. While there is a debt, spouses do not have the right to fully dispose of it.

Perhaps the bank will offer to put the car up for auction, pay off the loan debt with the proceeds, and divide the remainder in equal shares between the spouses.

The court will sort it out and divide

Ideally, it will not be possible to split the car in half - the result will be two piles of scrap metal that have no particular value. The court will also not be able to leave it in the shared ownership of the spouses and determine the procedure for its use according to the law.

How is a car divided during a legal divorce? The only option is to award the car to one spouse and oblige him to pay monetary compensation in favor of the other in an amount equal to half the cost of the car. Or transfer to the second spouse the joint or personal property of the first spouse of similar value.

To do this, it is necessary to evaluate the car on the date of the court hearing on the division of property.

The court determines the procedure for transferring compensation and the payment period, taking into account the financial situation of the paying party. If a party violates the terms of payment, he will pay a fine in accordance with the Civil Code of the Russian Federation.

To determine which spouse will get the car, the court will determine which of them needs it more and for what reasons; who used and maintained it more often during the marriage. It is unlikely that the court will leave the car to the wife, who does not even have a driver’s license and never has. Although the financial situation of each spouse will also play a role in the division, especially if the car is the most expensive property of the divorcing couple.

Some facts

When dividing property during a divorce, the car is often left to the spouse who actively used it during the marriage. He can compensate it in monetary terms or with other property. As a rule, the size can be 50% of the current value of the vehicle.

When the car was seized

The seizure of a car by a court cannot have a significant impact on its division. This procedure only limits the car owner in certain legal acts. For example, he cannot sell a car or give it away. However, in order to avoid any misunderstandings, it is advisable to first exclude the reason why the arrest was imposed. For most often this happens when the owner has significant debts and enforcement proceedings are opened.

Selling a car during a divorce

If the car is sold, the proceeds from the sale will be divided during the divorce. Provided that the car was jointly owned, the second spouse had to give permission to the transaction. Then, for calculations, the purchase and sale agreement and the cost of the car indicated in it will be taken as the basis. This amount will simply have to be divided equally between the spouses.

The process becomes more complicated if the contract indicates an undervalued value of the car. In this case, you cannot do without an independent expert’s opinion on the average price for similar cars in the region. But even if it is available, the chances that the judge will divide the actual proceeds from the sale are minimal.

Expert assessment of car value

Contacting independent experts if you need to divide a car in 2021 during a divorce will be required in the following cases:

If the car was purchased more than 5 years ago.
If the car has been in an accident and/or needs serious repairs.
Provided that the car was officially operated as a taxi.
For cars purchased not in showrooms, but secondhand.

How not to share a car during a divorce

There is only one way to avoid car division in a divorce. This is a mutual agreement that must be documented. Thus, spouses before and during marriage can draw up a marriage contract and stipulate all the conditions for the division of property. Or draw up a separation agreement. It is signed by the parties during marriage or after divorce.

In addition, spouses can agree to share ownership of the car in equal shares and take turns using it.

Settlement agreement

Spouses can agree on the division of the car both before going to court and after the start of the trial. In this case, the first option is obviously preferable, since it minimizes the associated costs required in the second case, for example, for paying state fees.

There are minimum requirements for a settlement agreement between the parties. The main ones are written form and notarization of the document, which is drawn up in any form. Failure to comply with the terms of the settlement agreement is the basis for obtaining a court decision in a simplified and expeditious manner. A car valuation during a divorce and division of property by contract is carried out if necessary. A sample application for car division after divorce is available here .

Arbitrage practice

As the practice of court decisions shows, the division of a car during a divorce occurs according to the standard scheme for dividing property. If there is evidence that the car is joint property, then it will be divided in equal shares. If the party claiming compensation fails to prove that it also took part in the purchase or improvement, then the car will remain with the spouse to whom the ownership is registered.

To divide a car in court, the parties need to collect as much documentary evidence as possible of their contribution to the purchase or improvement of the car. If there are not enough of them, then it is better to try to reach an amicable agreement.

Nuances

Difficult situations occur in life, and they become especially aggravated when issues relate to the division of property during a divorce. It is necessary to identify some cases in which the process of a car during a divorce becomes more complicated:

If one of the spouses is in prison, the Statement of Claim demanding division of the car may not be filed immediately. In accordance with Art. 196 of the Civil Code of the Russian Federation, the statute of limitations is 3 years. In exceptional cases, when there are good reasons, the period may be extended to 10 years. Thus, you shouldn’t share a car immediately after a divorce; you can wait until the second spouse is free and you can mutually resolve this issue.
In the event that one of the spouses is declared incompetent. If a citizen within the meaning of Art. 29 of the Civil Code of the Russian Federation is recognized by the court as incompetent, a guardian will act on his behalf. Thus, transactions and legally significant actions are carried out taking into account the opinion of the spouse, or by the guardian solely in the interests of the ward. Otherwise, the property is divided according to general rules, in shares equal to 50%.
The citizen is declared dead or missing. According to Art. 46 of the Civil Code of the Russian Federation, regardless of when a citizen showed up, he has the right to demand the return of property. In turn, the spouse undertakes to return the share belonging to the person in cash or in kind.

Dividing a car during a divorce is a rather complex process, which is accompanied by a number of subtleties and difficulties. In this regard, if the parties understand that it is impossible to reach an agreement and the situation is not directly regulated by law, they should contact a professional lawyer, he will advise and represent his interests in court if necessary.