According to the law, the car belongs to the joint property of husband and wife, and the car loan belongs to the joint debt of husband and wife. Generally speaking, whoever owns a car belongs to the corresponding debt. Therefore, after the divorce, the spouse who owns the car should bear the responsibility for repayment, unless there is a special agreement.
There are two ways for couples to determine the ownership of a car:
1. The husband and wife determine the ownership of the car through friendly negotiation, and indicate the ownership and the car loan undertaker in the divorce agreement;
2. If one party brings a divorce lawsuit to the court, the court will decide the ownership of the car and the corresponding debt liability.
Article 17 of the Marriage Law of the People's Republic of China The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(5) Other property that should be jointly owned.
Husband and wife have equal rights in dealing with common property.
Article 39 At the time of divorce, the joint property of husband and wife shall be handled by mutual agreement. If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
As long as it is a motor vehicle purchased during the marriage relationship, no matter who is the head of the household when the motor vehicle is registered, the motor vehicle belongs to the joint property of the husband and wife and belongs to the husband and wife; Of course, the debts during marriage also belong to the joint debts of husband and wife, which are jointly repaid by husband and wife. Generally speaking, it is not difficult to separate car ownership from debt liability after divorce. Both parties can negotiate amicably or resort to the court.