Car bought before marriage

[CYNthesys]

Friend bought car before marriage, wife has been using his. car, wife now wanting divorce. To avoid car being classed as a matrimonial asset, can he sell car prior to divorce papers being served on him?

[echat11]

des8 MIKE770 Can you take a look and advise, many thanks.

[des8]

Hi CYNthesys ,
Any property which was already owned by either party prior to marriage is not necessarily added to the matrimonial pot anyway.
However as the car, altho' a non matrimonial asset, was used by the wife during the marriage it might be added to the pot.

If it was sold in an effort to avoid its inclusion, its value could be added inti the calculations.

IMO there is no straight yes or no answer, but it all depends .....

[CYNthesys]

Thank you, it needs to be sold to raise funds for legal representation

[des8]

So I would be inclined to sell and if necessary take it into account at the final reckoning

[CYNthesys]

Thank you