Management of the Family Car

Separation is a complex path involving emotional, personal, and financial aspects. Among the practical issues to resolve, managing the family car often represents a source of uncertainty and conflict. It is not just a material asset, but an essential tool for daily life, for taking children to school, or for commuting to work. Understanding how the law regulates the use and ownership of the vehicle is the first step towards finding a fair and functional solution. As a divorce lawyer in Milan, Avv. Marco Bianucci addresses these issues with an approach aimed at preventing future disputes, ensuring clarity and protection for his clients.

Ownership and Right of Use: What the Law Provides

It is crucial to distinguish between vehicle ownership, which results from registration with the Public Automobile Register (PRA), and the right to its use. Italian law, in cases of separation, prioritizes the interests and well-being of children. Consequently, the judge tends to assign the family car to the custodial parent, i.e., the one with whom the children predominantly live, regardless of who is the actual owner. This decision aims not to disrupt the minors' routines and to ensure the custodial parent has the necessary mobility for their daily needs, such as school, sports activities, or medical appointments.

What happens in the absence of children

If the couple has no children, or if the children are financially independent and do not live with either parent, the criterion of the children's best interest is no longer applicable. In this scenario, ownership becomes the determining factor again. The car remains available to the spouse who is its sole registered owner. In the case of a jointly owned car, the spouses will have to reach an agreement: one of them can buy out the other's share, or the vehicle can be sold with the proceeds divided.

The Bianucci Law Firm's Approach

Addressing the issue of the family car requires pragmatism and a strategic vision. Avv. Marco Bianucci's approach, as a lawyer with extensive experience in family law in Milan, focuses on finding amicable solutions that can be formalized in separation agreements. The goal is to clearly define not only the car's assignment but also the allocation of all related expenses: road tax, insurance, ordinary and extraordinary maintenance. Precise, written regulations prevent misunderstandings and future conflicts, ensuring that the agreements made are sustainable and respected over time. The firm is committed to analyzing the financial situation and mobility needs of both spouses to structure the most balanced agreement possible.

Frequently Asked Questions

Who gets the family car in case of separation?

In the presence of minor or financially dependent children, the car is generally assigned to the custodial parent to protect the children's mobility needs. In the absence of children, the vehicle remains with the registered owner spouse. If jointly owned, an agreement between the parties is necessary.

Who pays for the expenses of a car assigned to the other spouse?

Usage expenses, such as fuel and ordinary maintenance, are borne by the user of the vehicle. Road tax and insurance, being linked to ownership, remain the responsibility of the registered owner, unless otherwise agreed upon by the spouses, which can be formalized during the separation proceedings. Extraordinary maintenance costs are often subject to specific agreements.

What happens if the car is jointly owned?

If the car is jointly owned, the spouses must find a solution. The most common options are: selling the vehicle and dividing the proceeds; one spouse buying out the other's share; or an agreement on alternating use, although the latter is often an impractical solution.

Can I sell the car registered in my name if it has been assigned to my ex?

No, if the court order has assigned the use of the car to the custodial parent for the children's needs, the owner cannot freely sell it, as this would infringe upon the right of use established by the court. Any decision to sell must be agreed upon or authorized by the judge.

Contact for a Consultation in Milan

Managing registered movable assets during a separation requires expertise and attention to detail to avoid hasty decisions that could have negative long-term consequences. If you are facing this situation and need clear and professional advice, you can contact the Bianucci Law Firm. Avv. Marco Bianucci, an expert in family law, will assess your specific situation to define the most appropriate strategy to protect your interests. The firm is located in Milan, at via Alberto da Giussano, 26.