If the ownership is not notarized when buying a car, it belongs to the common property after marriage, which should be owned by both husband and wife and divided equally at the time of divorce. In the division of divorce property, the motor vehicle can be owned by the user and compensated to the other party at a discount. If neither party claims the ownership of the vehicle, both parties can share the actual sales price of the vehicle equally. After marriage, you can generally sign a divorce agreement voluntarily and divide it according to the agreement. If no agreement can be reached, the court can decide how to divide it. Buying a car with a loan after marriage, if there is no agreement, belongs to the joint property of husband and wife. If no agreement can be reached at the time of divorce, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, wives and innocent parties. The principle of benefiting life and facilitating life. The division of common property in divorce should not damage the utility, performance and economic value of the property. When dividing the means of production in common property, it should be allocated to the party that needs the means of production and can give full play to the effectiveness of the means of production as far as possible; When dividing the means of subsistence in common property, we should try our best to meet the needs of individuals engaged in professions or occupations in order to give full play to the use value of things. The indispensable items belong to one party according to the principle of actual needs and beneficial use, and the sharers compensate the other party according to the principle of fairness and the actual value at the time of divorce.
First of all, if the vehicle is registered in the name of either spouse, it depends on the source of funding for the vehicle.
1. If the vehicle belongs to one party and is purchased in full with personal property and registered in the name of that party, the vehicle belongs to that party's personal property, and the other party may not claim to divide the vehicle during divorce.
2. If one party uses personal property to buy a vehicle, registers the vehicle in the name of the other party, or uses the joint property of husband and wife to buy a vehicle, the vehicle belongs to the joint property of husband and wife.
Two, the following property obtained by husband and wife during the marriage relationship, for the common property of husband and wife, owned by husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(5) Other property that should be jointly owned.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1087th 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 according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by one spouse in the contracted management of family land are protected according to law.