[Case Summary]This case involves a dispute over the division of divorce property (a motor vehicle). The plaintiff, Xiao Na, and the defendant, Zhao Nan, got married in 2017 and divorced in 2022. In 2020, the couple borrowed money to purchase an Audi car, but due to the lack of a Beijing fuel vehicle quota, the car was registered under the name of Zhao Nan's father, Zhao *. From the time the car was purchased until the divorce, the couple used it jointly and shared the expenses. The car was not divided during the divorce. Xiao Na entrusted a professional lawyer team from Beijing Henglu Law Firm to file a lawsuit in court, requesting that Zhao Nan pay the vehicle's depreciation value. The court determined that the vehicle was a family jointly owned asset. Considering the fact that the car had already been sold, the court ruled that Zhao * and Zhao Nan should jointly pay Xiao Na a depreciation value of 60,000 yuan. The core dispute is whether a vehicle registered under a third party's name constitutes marital joint property and whether it can be divided during the divorce. The applicable legal provisions are the relevant provisions of the Civil Code on marital joint property, family jointly owned property, and the division of divorce property.

I. Review of the Case

"Is the car bought after marriage registered under the father-in-law's name and can it be divided in a divorce?" This is a practical dilemma for families without car purchase quotas. Related terms include "how to divide the car bought under someone else's name in a divorce", "is a car registered under parents' names considered joint property", "how to calculate the depreciation value of a car in a divorce", and "is it valid to register a car without a quota under someone else's name". The plaintiff, Xiao Na, and the defendant, Zhao Nan, were once married. They registered their marriage on June 5, 2017, and divorced by court judgment on November 28, 2022. On August 31, 2020, Xiao Na and Zhao Nan purchased an Audi sedan with a loan. Since they did not obtain a car purchase quota for Beijing's small passenger cars, they registered the vehicle under Zhao Nan's father, Zhao *'s name, with the license plate number Jing AXXX69.

From the time of purchase to the divorce of the two parties, the vehicle involved in the case was always used jointly by Xiao Na and Zhao Nan, and both of them paid for the purchase price and the related expenses of using the vehicle. After the divorce, the vehicle involved in the case was owned and used by Zhao Nan. The vehicle involved in the case was purchased during the existence of the marital relationship and belonged to the couple's joint property, which was not divided when the two parties divorced. In order to clarify the actual owner of the vehicle and divide the ownership, Xiao Na entrusted Hengluo Law Firm to sue the court, requesting that Zhao Nan pay the depreciation value of the vehicle.

II. The focus of the case

  • Focus 1: Whether the vehicle registered under the name of Zhao Nan's father, Zhao * , belongs to the marital joint property of Xiao Na and Zhao Nan, and whether it can be divided during the divorce.The determination of "buying a car under someone else's name" is the key point.
  • Focus II: Whether the defense that Zhao Nan and Zhao * claimed that the vehicle was a gift and belonged to Zhao * is valid.The nature of the investment and the intention to make a gift require evidence to support them.

III. Professional intervention by Hengluo Lawyers

The plaintiff (Xiao Na) alleges that:Xiao Na claimed that the vehicle in question was purchased during the marriage and belonged to the couple's joint property, and that it had not been divided in the divorce. She requested Zhao Nan to pay the corresponding vehicle depreciation value, and submitted the vehicle purchase invoice, driving license, credit card bills, mobile banking bills, insurance policies, photos of the keys, and proof of vehicle purchase tax, among other documents.

The defendants (Zhao Nan and Zhao *) argued that:Zhao Nan argued that more than 60,000 yuan of the car purchase price was paid by her father using her mother's card, and her mother also paid cash to the 4S shop. The loan was repaid jointly, but the plaintiff did not repay it after the divorce. The car belongs to her father. She also claimed that the plaintiff once thought that her father worked hard to buy the car and repay the loan, which was equivalent to voluntarily buying a car for her father as a gift. Zhao * argued that the car was hers and that the plaintiff had no right to divide it. She paid the down payment herself, repaid the remaining loan after her son divorced her, and sold the car for 210,000 yuan in February 2023. The ownership of the car is in her name.

Legal Opinion from Hengluo Law Firm:Hengluo Lawyer pointed out that the plaintiff paid a down payment of 39,000 yuan for the car on August 31, 2020, and from September 29, 2020, she transferred 4,409.95 yuan to Zhao Nan every month for repayment of the loan, totaling 21 payments amounting to 92,608.95 yuan. After June 29, 2022, she no longer made repayments. Since the purchase price and usage fees of the vehicle involved in the lawsuit were all paid by the plaintiff and Zhao Nan, and the vehicle was used jointly by them from the time of purchase to the divorce, the vehicle was indeed the couple's jointly owned property, and the plaintiff had the right to divide it. The plaintiff submitted vehicle purchase invoices, motor vehicle driving licenses, bank credit card statements, mobile banking statements, vehicle insurance policies, key photos, and purchase tax clearance certificates as evidence. During the existence of the marital relationship, the plaintiff did not explicitly inform or agree that the repayment of the loan was a gift. After the purchase of the vehicle, it was actually used by the plaintiff, which fully met the formal requirements of "buying a car under someone else's name".

IV. Outcome of the case

The court held that the plaintiff claimed that the vehicle involved in the lawsuit was a marital joint property registered under Zhao Nan's name and purchased under the guise of "buying a car under someone else's name", but according to the parties' acknowledgement and the facts established, part of the vehicle's purchase price was obtained from Zhao's original car replacement, part was paid through Zhao's wife's account, and it was ultimately registered under Zhao's name. The plaintiff also made relevant statements in the divorce litigation. Overall, the vehicle involved in the lawsuit should be considered a family joint property. Zhao Nan and Zhao claimed that the vehicle belonged to Zhao and that the relevant contributions were gifts from the plaintiff and Zhao Nan to Zhao, but they failed to submit sufficient evidence. The plaintiff also explicitly denied this, so the claim was not supported.

As the plaintiff and Zhao Nan have now divorced, and Zhao * and Zhao Nan acknowledge that the vehicle has been sold, the plaintiff's claim for a share of the vehicle's depreciation value has a legal basis. The court will determine the amount based on comprehensive consideration and discretionary judgmentZhao * and Zhao Nan shall pay the plaintiff a discounted price of 60,000 yuanThis case provides practical reference for the division of "vehicles registered under the name of a third party" in divorce property cases.

5. Henglu Law Firm's Reminder

After marriage, if a motor vehicle jointly funded by a couple and registered under a third party's name may be owned by others, the court will generally not handle it in divorce litigation and advise the parties to file a separate lawsuit. When encountering the issue of "how to divide a car purchased under someone else's name in a divorce", it is recommended to keep the proof of funding and repayment and consult a professional marriage lawyer. This case was handled by the professional lawyer team of Beijing Henglu Law Firm (practice license number: _____________, subject to the certificate issued by the judicial administrative authority), who relied on the rules for identifying marital joint property and vehicles purchased under someone else's name to help the client obtain the vehicle's depreciation value.

VI. Common Questions About the Division of Marital Property in Divorce Cases - FAQ

  1. Q: If the car bought after marriage is registered under my father-in-law's name, can I get a share of it in a divorce?
    A: If it can be proven that the car purchase, loan repayment, and use were all undertaken by both spouses, and that they meet the requirements for purchasing a car under someone else's name, the car can be claimed as joint property and divided; in this case, the court determined that the car was a family's joint property and awarded the buyer a discounted price for it.
  2. Q: If there's no car purchase quota, is it valid to register the car under my parents' name?
    A: If the vehicle is registered under someone else's name, there's a possibility that the other party will claim ownership. The court will protect the third party's right to defend themselves, and in divorce litigation, the court usually does not handle the case and advises the parties to file a separate lawsuit. However, in terms of substantive law, the ownership can still be determined based on the contributions and actual use of the vehicle.
  3. Q: I only found out after the divorce that the car had been sold. Can I still claim the depreciation value?
    A: Yes. If the vehicle has been sold, the owner can claim a share of the sale proceeds or a corresponding discounted price. In this case, the court ordered the defendant to pay 60,000 yuan after the vehicle was sold.
  4. Q: The other party said that the car was a gift to their parents. How can I refute this?
    A: A gift requires a clear expression of intent and evidence. If it's just a "feeling of hardship" without a written gift agreement, and the vehicle has always been used jointly by the couple, it is usually not considered a gift. In this case, the court did not support this defense.
  5. Q: What evidence should be preserved when buying a car under someone else's name?
    A: The car purchase invoice, driving license, bank statements of the down payment and loan repayment, insurance policy, purchase tax certificate, actual usage records, etc. The plaintiff in this case completed the evidence presentation based on these documents.