I purchased a vehicle prior to getting married. The loan and title are in my name only. Is it considered a marital asset now? ...

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I purchased a vehicle prior to getting married. The loan and title are in my name only. Is it considered a marital asset now? My husband owes marital debt to his ex wife and her laywer wants the vehicle sold to pay on his marital debt. Can this happen?

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The state of Wisconsin

The state of Wisconsin recognizes two types of property during a marriage: marital property and separate property. Marital property is all property acquired during the marriage. Unless otherwise noted, all property is presumed to be marital property, or property shared by both spouses. In contrast, separate property is property acquired by one spouse prior to the marriage or acquired during the marriage by gift or inheritance. It is likely that since you acquired the vehicle prior to your marriage and the title to the vehicle remained in your name only, the vehicle is considered separate property. It is important to have records that indicate the vehicle belongs only to you. However, you should contact an attorney in your state to discuss the particular facts of your case and whether there are any additional steps you need to take to prove the vehicle is your separate property, and not marital property. Visit the Wisconsin State Bar’s website, http://www.wisbar.org/AM/Template.cfm?Section=Consumer_Resources&Template=/CM/ContentDisplay.cfm&ContentId=92180#quest for additional information.

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The state of Wisconsin

The state of Wisconsin recognizes two types of property during a marriage: marital property and separate property. Marital property is all property acquired during the marriage. Unless otherwise noted, all property is presumed to be marital property, or property shared by both spouses. In contrast, separate property is property acquired by one spouse prior to the marriage or acquired during the marriage by gift or inheritance. It is likely that since you acquired the vehicle prior to your marriage and the title to the vehicle remained in your name only, the vehicle is considered separate property. It is important to have records that indicate the vehicle belongs only to you. However, you should contact an attorney in your state to discuss the particular facts of your case and whether there are any additional steps you need to take to prove the vehicle is your separate property, and not marital property. Visit the Wisconsin State Bar’s website, http://www.wisbar.org/AM/Template.cfm?Section=Consumer_Resources&Template=/CM/ContentDisplay.cfm&ContentId=92180#quest for additional information.