How do courts set a car's value in a divorce?
Fair market value near the relevant valuation date, usually starting from KBB or NADA figures. Practice varies locally: San Diego judges take judicial notice of Kelley Blue Book and use the mid-range between wholesale and retail, adjusted for mileage and accessories, while other courts use private-party or trade-in values. A spouse disputing the guide number bears the burden of proving a different figure.
Is a car bought during the marriage divided even if it is titled to one spouse?
Generally yes. Classification turns on acquisition date and source of funds, not the registration; in California a vehicle purchased during the marriage is presumptively community property divided equally. Cars owned before the marriage or received by gift or inheritance usually stay separate, with documentation deciding the close calls.
What actually gets divided when the vehicle still has a loan?
The equity: fair market value minus the payoff on the valuation date. A car worth $20,000 with a $12,000 loan contributes $8,000 of divisible equity, typically handled by one spouse keeping the car and offsetting the other spouse's half. Lender payoff statements for the chosen date are essential documentation.
When does a divorce vehicle need a specialist appraisal instead of book values?
When it is rare, classic, highly modified, or in unusually good or poor condition, because standard guides assume average commodity vehicles. For those cars, courts look to expert appraisals weighing originality, condition, provenance, and collector demand, supported by restoration invoices, service records, and auction or specialty-dealer comparables.