Who Gets the Car in a Maine Divorce? Vehicle Division Guide (2026)

Maine courts divide vehicles in divorce using equitable distribution under 19-A M.R.S. § 953, meaning the judge assigns cars based on what is fair rather than splitting them 50/50. A vehicle purchased during the marriage is presumed marital property regardless of whose name appears on the title, and the court considers each spouse's contributions, economic circumstances, and need for transportation when deciding who keeps the car. The filing fee for a Maine divorce is $120, and the title transfer fee at the Bureau of Motor Vehicles is $33 per vehicle reassigned by court order.

How Maine Courts Classify Vehicles as Marital or Separate Property

Maine courts classify a vehicle as marital property if either spouse acquired it during the marriage, regardless of which name appears on the title or registration. Under 19-A M.R.S. § 953, the court first separates each spouse's non-marital property, then divides all marital property in proportions the court considers just. A car purchased before the marriage, or one received as a gift or inheritance during the marriage, is typically classified as separate property and remains with its original owner.

The distinction between marital and separate property is the single most important factor in determining who gets the car in a Maine divorce. A vehicle bought with joint funds during the marriage is marital property even if only one spouse drove it daily. Conversely, a car owned outright before the wedding date remains separate property unless its value was commingled with marital assets, such as making loan payments from a joint bank account or using marital funds for major repairs.

Maine follows the acquisition-date rule for vehicle classification. The date the purchase agreement was signed, not the date the loan was fully paid off, determines whether the vehicle is marital or separate. A spouse who financed a $35,000 truck two months before the wedding and continued making payments throughout a 10-year marriage may find that the truck itself is separate property, but the equity paid down during the marriage using joint income is marital property subject to division.

Equitable Distribution Factors Applied to Vehicle Division in Maine

Maine judges apply the equitable distribution factors listed in 19-A M.R.S. § 953(1) when deciding car division in a divorce, weighing each spouse's financial contributions, homemaker contributions, current economic needs, and the desirability of keeping transportation available to a custodial parent. These factors mean that a court may award a minivan worth $28,000 to the parent with primary custody of three children, even if the other spouse earned the income used to purchase it.

The statutory factors that carry the most weight in vehicle division disputes include:

• Contribution of each spouse to the acquisition of the vehicle, including contributions as a homemaker under 19-A M.R.S. § 953(1)(A)
• The value of all property set apart to each spouse under 19-A M.R.S. § 953(1)(B)
• The economic circumstances of each spouse at the time of division under 19-A M.R.S. § 953(1)(C), including whether the custodial parent needs the family vehicle
• Any history of economic abuse by either spouse under 19-A M.R.S. § 953(1)(D)

Maine courts do not automatically award a vehicle to the spouse whose name is on the title. Title alone does not determine ownership in an equitable distribution state. A judge in Portland District Court may award a $22,000 sedan titled solely in one spouse's name to the other spouse if fairness requires it, particularly when the receiving spouse has primary custody of the children and no other reliable transportation.

Who Keeps the Car When Both Spouses Need Transportation

Maine courts resolve competing transportation needs by evaluating each spouse's access to alternative transportation, employment requirements, and childcare obligations, often awarding the primary family vehicle to the custodial parent while offsetting the value elsewhere in the property settlement. When a household owns two vehicles, the typical outcome is that each spouse retains one car, with any difference in value balanced through other asset division or an equalization payment.

When a divorcing couple in Maine owns only one car worth $18,000 and the custodial parent needs it for school transportation, the court will likely award the vehicle to that parent and credit the other spouse $9,000 (or an adjusted amount based on equity) from other marital assets such as bank accounts or retirement funds. Maine judges have broad discretion under 19-A M.R.S. § 953 to fashion creative solutions that ensure both parties can meet their transportation needs.

How Auto Loans and Vehicle Debt Are Divided in a Maine Divorce

Maine courts divide auto loan debt alongside vehicle ownership, typically assigning the remaining loan balance to the spouse who receives the car, but a lender is not bound by the divorce decree and can still pursue either spouse on a joint loan. Under Maine law, debts incurred during the marriage are generally treated as marital obligations subject to equitable distribution, meaning a $15,000 car loan taken out jointly in 2024 remains the potential responsibility of both spouses until it is refinanced into one name.

The critical distinction for car divorce in Maine is between the divorce court's order and the lender's rights. A Maine District Court judge can order Spouse A to make all remaining payments on a $20,000 auto loan, but if both spouses signed the original loan agreement, the lender retains the right to collect from either party if payments stop. The only way to fully protect the non-retaining spouse is to refinance the vehicle loan into a single name within a deadline set by the court, typically 60 to 90 days after the divorce is finalized.

Strategies for handling underwater vehicles (where the loan balance exceeds the car's value) include:

• Selling the vehicle and splitting the remaining debt equally
• One spouse assuming the negative equity as part of a larger debt allocation
• Trading in the underwater vehicle for a less expensive car before finalizing the divorce
• Agreeing that one spouse keeps the vehicle and receives credit for the negative equity in the overall property settlement

A vehicle worth $16,000 with a $21,000 loan balance carries $5,000 in negative equity. If Spouse A keeps the car, the court may credit Spouse A with $2,500 (half the negative equity) from other marital assets to account for the additional debt burden.

Title Transfer Process After a Maine Divorce

Maine requires the spouse transferring vehicle ownership to sign the title over to the receiving spouse within the timeframe specified in the divorce decree, and the receiving spouse must then pay a $33 title fee at the Bureau of Motor Vehicles to obtain a new title in their name alone. The divorce decree or a certified copy of the court order serves as the legal authorization for the transfer, and the Maine BMV accepts this documentation in lieu of a standard bill of sale.

The step-by-step process for transferring a vehicle title after divorce in Maine includes:

1. Obtain a certified copy of the divorce decree specifying vehicle ownership from the District Court (cost: approximately $10 for the Abstract of Divorce Decree form FM-171)
2. Have the transferring spouse sign the back of the existing Maine title certificate
3. Visit a Maine BMV office with the signed title, divorce decree, and proof of insurance
4. Pay the $33 title transfer fee (plus $10 for expedited processing if needed)
5. Complete vehicle registration in the new owner's name (registration fees vary by vehicle type; passenger cars start at approximately $35)
6. Update auto insurance to reflect sole ownership

If the transferring spouse refuses to sign the title, the receiving spouse can petition the Maine District Court to enforce the divorce decree. The court can issue an order directing the BMV to transfer the title without the other spouse's signature, though this process may take 30 to 60 additional days and require a motion for contempt under Maine Rules of Civil Procedure.

Protecting Your Interest in a Vehicle During Divorce Proceedings

Maine courts can issue preliminary injunctions under 19-A M.R.S. § 904 that prevent either spouse from selling, transferring, hiding, or encumbering marital vehicles during the divorce process, and violating such an order can result in contempt of court sanctions including fines and jail time. Filing a motion for a preliminary injunction early in the divorce process is the most effective way to prevent a spouse from selling a car worth $25,000 or taking out a second loan against its equity.

Protective steps to take immediately when filing for divorce in Maine include:

• Documenting all vehicles owned by either spouse, including VIN numbers, mileage, loan balances, and current fair market values (use NADA Guides or Kelley Blue Book)
• Photographing each vehicle's condition, including interior and exterior
• Gathering all title documents, loan agreements, and insurance policies
• Requesting a preliminary injunction if there is any risk of the other spouse selling, damaging, or hiding vehicles
• Obtaining a vehicle history report to verify mileage, accident history, and title status
• Recording the payoff amount on all auto loans as of the date of separation

Vehicle valuation in Maine divorce cases typically relies on fair market value from nationally recognized sources. A 2022 Honda CR-V with 45,000 miles might have a Kelley Blue Book private-party value of $27,500, and that figure becomes the starting point for negotiations. Maine courts generally accept KBB or NADA valuations unless one party presents a professional appraisal showing a different value.

Negotiating Vehicle Division in an Uncontested Maine Divorce

Spouses who reach a vehicle division agreement outside of court can include the terms in their marital settlement agreement, which the Maine District Court will approve as part of the final divorce decree if the judge finds the agreement fair and not the product of coercion. Approximately 95% of Maine divorces settle without a trial, and vehicle division is one of the easier assets to negotiate because cars have readily determinable values and clear title transfer procedures.

Effective negotiation strategies for car division in a Maine divorce include:

• Using Kelley Blue Book or NADA values as the baseline for all vehicle valuations
• Offsetting unequal vehicle values through other marital assets rather than cash payments
• Including deadlines for loan refinancing (typically 60 to 90 days) in the settlement agreement
• Specifying which spouse will maintain insurance during the transition period
• Addressing any personal property stored in the vehicles
• Including a hold-harmless clause requiring the retaining spouse to indemnify the other against any future loan default

A well-drafted vehicle provision in a Maine divorce settlement should specify the vehicle year, make, model, VIN, current fair market value, remaining loan balance, the name of the spouse awarded the vehicle, the deadline for title transfer, the deadline for loan refinancing, and the consequences of failing to complete either step.

Leased Vehicles and Special Circumstances in Maine Divorce

Leased vehicles present unique challenges in a Maine divorce because neither spouse owns the car outright, and transferring or terminating a lease early can trigger penalties ranging from $2,000 to $10,000 depending on the lease terms. Under 19-A M.R.S. § 953, the court treats the lease obligation as marital debt and can assign it to one spouse, but the leasing company's consent may be required to remove the other spouse from the agreement.

Special vehicle situations that arise in Maine divorce cases include:

• Business-owned vehicles: If a car is titled to one spouse's LLC or corporation, it may be partially or fully excluded from marital property, though the court can consider its value when dividing other assets
• Classic or collectible cars: Vehicles with values significantly above their original purchase price may require professional appraisal; a 1967 Ford Mustang purchased for $15,000 during the marriage but now worth $85,000 is subject to equitable distribution on its current appraised value
• Vehicles purchased with inherited funds: A car bought entirely with inheritance money remains separate property under Maine law, provided the funds were not commingled with marital accounts
• Financed vehicles with one spouse as co-signer: The co-signing spouse remains liable to the lender regardless of what the divorce decree states; refinancing is the only complete solution

Frequently Asked Questions

Does it matter whose name is on the car title in a Maine divorce?

Title alone does not determine vehicle ownership in a Maine divorce. Under equitable distribution principles in 19-A M.R.S. § 953, any vehicle acquired during the marriage is marital property subject to division regardless of whose name appears on the title. The court considers contributions, economic need, and fairness when awarding vehicles.

How do Maine courts determine the value of a car in divorce?

Maine courts typically use Kelley Blue Book or NADA Guide fair market values to establish vehicle worth in divorce proceedings. A 2023 Toyota Camry with 30,000 miles might be valued at $24,000 using the KBB private-party value. Either spouse can present a professional appraisal if they dispute the standard valuation.

Can I sell my car during a Maine divorce?

Selling a marital vehicle during pending divorce proceedings without court permission or your spouse's consent can result in contempt of court sanctions under Maine law. Once a divorce is filed, Maine courts can issue preliminary injunctions under 19-A M.R.S. § 904 preventing either spouse from disposing of marital assets, including vehicles.

What happens to a joint car loan after divorce in Maine?

A joint car loan remains the legal responsibility of both spouses until the loan is refinanced into one name, regardless of what the divorce decree states. Maine courts typically order the spouse who keeps the vehicle to refinance within 60 to 90 days. If refinancing fails, the court may order the vehicle sold to satisfy the debt.

Is a car I bought before marriage considered marital property in Maine?

A vehicle purchased before the marriage is generally classified as separate property in Maine and is not subject to division. However, if marital funds were used for loan payments, maintenance, or improvements during the marriage, the marital portion of the equity may be subject to equitable distribution under 19-A M.R.S. § 953.

How much does it cost to transfer a car title after divorce in Maine?

The Maine Bureau of Motor Vehicles charges a $33 fee to transfer a vehicle title after divorce. An optional $10 expedited processing fee is available. You will also need a certified copy of the divorce decree (approximately $10) and must complete new vehicle registration, with passenger car fees starting at approximately $35.

Can my spouse hide a car to avoid property division in Maine?

Hiding assets, including vehicles, during a Maine divorce is illegal and can result in severe court sanctions. Maine requires both spouses to provide full financial disclosure. A spouse who discovers a hidden vehicle can file a motion to compel disclosure, and the court may award a larger share of marital property to the innocent spouse as a penalty.

What if my spouse and I agree on who keeps the car?

When both spouses agree on vehicle division, they can include the terms in a written marital settlement agreement, which the Maine District Court will incorporate into the final divorce decree. Approximately 95% of Maine divorces settle by agreement. The settlement should specify the vehicle details, value, loan balance, transfer deadline, and refinancing requirements.

How does child custody affect who gets the car in Maine?

Maine courts consider the custodial parent's transportation needs under 19-A M.R.S. § 953(1)(C), which weighs the desirability of awarding essential assets to the spouse with primary custody. A parent responsible for daily school transportation and medical appointments is more likely to receive the family's primary vehicle.

Can I get my spouse's car if they committed adultery in Maine?

Maine's no-fault divorce system under 19-A M.R.S. § 902 means that marital misconduct such as adultery does not directly affect property division. The court divides vehicles based on the equitable distribution factors in 19-A M.R.S. § 953, focusing on financial contributions, economic need, and fairness rather than fault.