How to divide the index of divorced vehicles and license plates in Ningbo

License plate indicators are a scarce resource in many cities, but in divorce property lists, they are often confused with the most intuitive value-vehicles. The problem emerges only when it is really divided: the car can be discounted, can the index be priced separately? Is the vehicle registered in the name of one party a share of the other? This article separates the vehicle and the license plate index to clarify their respective legal ownership rules.

Identification of 1. vehicles as joint property of husband and wife

vehicles are movable property, but their value is not low, and they are often tied to license plate indicators, mortgage loans, violation records, etc. The Civil Code defines the joint property of husband and wife on the principle of acquisition during the marriage. Vehicles purchased after marriage with the joint property of the husband and wife, regardless of whose name they are registered, are in principle jointly owned by the husband and wife.

Registration name does not equal ownership

the registration of vehicle management department mainly solves the problems of administrative management and publicity, which is not directly equivalent to ownership. Even if the vehicle is registered in the name of one party, the other party still has a common share as long as it is purchased with common property after marriage. In practice, the division will take into account the source of funds, use, child support arrangements and other factors to determine attribution.

Disputes over the attribution of parental contributions to the purchase of cars

after marriage, one of the parents contributes to the purchase of a vehicle for their children, and if there is no express intention to borrow money or to give it to only one of them, it is usually presumed to be a gift to both spouses and is common property. If the parent has an IOU or transfer note indicating the loan, it may be considered a joint debt of the husband and wife and shall be dealt with together at the time of division.

Compensation for 2. to buy a car before marriage and repay the loan after marriage.

If one party purchases a vehicle before marriage and continues to repay the car loan after marriage, the vehicle itself belongs to the personal property before marriage, but the principal and interest of the loan repaid with the common property after marriage belongs to the common property expenditure. In the event of divorce, the other party has the right to claim compensation for the joint repayment of the loan after marriage.

Calculation caliber of compensation

the more common practice is to calculate the principal amount of the loan repaid jointly after marriage and to pay half of it by the owner of the vehicle. The interest component is usually not included in the compensation base because interest is the cost of capital rather than the incremental value of the vehicle. If the vehicle depreciates significantly after marriage, the amount of compensation will be reduced accordingly.

Pay attention to the depreciation and valuation point of the vehicle.

Depreciation of vehicles is faster and should not be calculated simply at the purchase price. The split is usually based on the market valuation at the time of divorce or the transaction price of a used car, rather than the purchase price. The choice of the valuation point directly affects the amount of the discount.

Legal Attribute and Value of 3. License Plate Index

the license plate index is not a real right, but an administrative license or qualification granted by the administrative organ. It cannot be bought, sold or transferred separately, and its value is reflected in the bidding costs or queuing time that can be saved when attached to the use of the vehicle. Therefore, in the division of divorce property, the license plate index cannot usually be divided as independent property, but can be considered as part of the overall value of the vehicle.

The difference between the bid acquisition indicator and the unpaid lottery indicator.

The acquisition cost of the license plate index obtained through bidding is clear and is easier to quantify when the vehicle is discounted; the index obtained through the free lottery or auction, although the consideration is not paid at the time of acquisition, has the value of use in the market, and some courts will include it in the overall value of the vehicle for discretion.

Index and vehicle binding as principle

in most cities, license plate indicators are managed as a whole with vehicles, and indicators are usually transferred with vehicles when vehicles are transferred. If the divorce agreement or judgment stipulates that the vehicle is owned by one party, the license plate indicator generally belongs to that party, and the other party receives a discount compensation for the present value of the vehicle.

4. vehicles and indicators are integrated or treated separately.

In practice, courts usually treat vehicle and license plate indicators as a whole, because the indicators cannot be realized separately from the vehicle. A separate discounting of the indicator value may be considered only if both parties have a vehicle requirement and are able to resolve the indicator issue on their own.

One party acquires the vehicle and pays the discount

this is the most commonly used method of division: the vehicle and license plate indicators belong to the registered party or the actual use party, which pays the other party a discount of half of the present value of the vehicle. The discount can refer to the evaluation price of the used car, combined with the license plate acquisition cost to determine the comprehensive.

Dividing price after vehicle auction

if both parties are unwilling to obtain the vehicle, or cannot reach an agreement on the ownership of the vehicle, the vehicle may be sold or auctioned to divide the change price. This approach avoids liability disputes such as subsequent vehicle use, maintenance, and violations, but the vehicle is discounted faster and the realized value may be lower than expected.

Special circumstances of 5. operating vehicles and vehicles under the name of the company

the ownership and division of vehicles registered under the company's name or used for operational purposes such as online car-hailing and freight transportation will be more complicated. Vehicles registered in the name of the company are usually not the joint property of the husband and wife and cannot be divided directly in the event of divorce. However, one of the spouses, as a shareholder or actual contributor of the company, can be dealt with indirectly through paths such as equity division or company liquidation.

The dependence of the network car and the operating index.

Operating vehicles are often accompanied by administrative licenses such as online car-hailing operating licenses. These licenses are closely bound to the vehicle, platform account number and driver identity, and individual transfer is strictly restricted. The division is usually awarded to the party actually operating and paid a discount to the other party.

6. case proof

according to the rules of the same kind of judgment, after marriage, the two parties jointly contributed to the purchase of the vehicle and registered in the name of one party. At the time of divorce, the court found that the vehicle belonged to the joint property of the husband and wife, and decided that the vehicle belonged to the registered party. The registered party paid the discount compensation to the other party according to half of the assessed value of the vehicle, and the license plate index belonged with the vehicle. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

According to the rules of the same kind of judgment, if one party buys a car before marriage and repays the car loan jointly after marriage, the court finds that the ownership of the vehicle belongs to the car buyer before marriage, but the joint repayment part of the loan after marriage belongs to the common property, and the vehicle owner pays compensation to the other party on half of the principal of the loan after marriage, and the present value of the vehicle is not divided as common property. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

7. Risk Alert

• only look at the registration does not look at the contribution: the registration of vehicles in the name of one party is not equal to personal property, after marriage jointly funded the purchase of vehicles may still be recognized as common property.
• Ignore the value of the license plate indicator: the license plate indicator obtained by bidding has a clear cost, only at the naked car price discount will harm the other party's rights and interests.
• Unhandled vehicle violation and loan: when dividing the vehicle, it is not agreed to deal with the violation and pay off the loan balance at the same time, which is likely to lead to new disputes.
• Direct division of vehicles under the name of the company: Vehicles registered under the name of the company cannot usually be divided directly as the joint property of the husband and wife, and should be processed through equity or the company's asset path.
• Improper timing of vehicle valuation: the discount is calculated at the purchase price rather than the market price at the time of divorce, which may deviate significantly from the actual value.

8. FAQ

can the license plate index be divided separately in divorce?

Usually can't. License plate indicator is an administrative license, can not be sold or transferred separately, generally with the overall treatment of the vehicle, its value is reflected in the overall discount of the vehicle. Only in exceptional circumstances may the cost of obtaining indicators be considered at the discretion of the court.

The car bought before marriage will repay the loan together after marriage. Who will the car belong?

In principle, the vehicle is owned by the car buyer before marriage, but the joint repayment of the loan after marriage belongs to the common property, and the other party has the right to claim compensation for half of the principal amount of the loan after marriage. The natural depreciation or appreciation of the vehicle after marriage usually does not affect the ownership of personal property before marriage.

The vehicle is registered under the company's name, can divorce be divided?

It cannot be divided directly. Vehicles in the name of the company belong to the assets of the company, and if one of the spouses is a shareholder, it may be dealt with indirectly through the division of shares or the liquidation and distribution of the company. If the other party claims that the vehicle is actually joint property, it is necessary to prove that the purchase of the vehicle is derived from the joint property of the husband and wife.

According to what standard is the vehicle discount calculated?

Generally, the second-hand car market evaluation price at the time of divorce shall prevail, and the evaluation agency may be entrusted or the second-hand car platform quotation may be referred. The cost of obtaining the license plate index obtained by bidding may also be considered in consultation or court discretion.

Practical Experience of 9. Lawyers

the vehicle seems to be a good property, but when it is really divided, the problem arises: the car can be discounted, can the license plate index be priced separately? Is the car registered in the name of one party, and does the other party have a share? The key point is to disassemble the property attribute and the index attribute first. The car purchased with common property after marriage, no matter whose name it is registered, belongs to common property in principle. Registration is only administrative management and does not affect the ownership. If one party buys a car before marriage and continues to repay the loan with common property after marriage, the vehicle itself belongs to the individual, but the other party shall be compensated for the joint repayment after marriage.

Operationally, it is necessary to first find out the vehicle situation and capital situation: purchase invoices, payment vouchers, loan contracts and loan repayment flow, current market prices and depreciation, are the basis for determining the amount of compensation. The more common practice is to calculate the principal of the loan that is repaid jointly after marriage, half of which is paid by the party who acquires the vehicle, the interest portion is usually not included in the compensation base, and the depreciation of the vehicle will be reduced accordingly. License plate index is a resource attached to the vehicle and restricted by local policies. Whether it can be priced separately and how it can be transferred with the vehicle often depends on local management rules. Before processing, it is necessary to clarify the policy caliber and not take it for granted.

At the negotiation level, it is best to consider the vehicle and the indicator together rather than separately, because the party acquiring the vehicle bears the practical convenience of the indicator transfer and subsequent use at the same time, and the other party can justify a reasonable request for compensation. If the vehicle is attached to the company or used for operation, it is also necessary to judge whether it is the company's property or the property of the husband and wife, so as to avoid the division of assets that do not belong to the husband and wife. The present value of the car, the loan balance, the target policy three things clearly, and then talk about ownership and compensation, it is not easy to stay in the future.

The core of the division of vehicle and license plate index is to separate the ownership of movable property and the value of administrative license, and then count them together. For vehicles purchased after marriage, it does not matter in whose name they are registered. The key is to look at the source of capital contribution. The license plate index cannot be transferred separately, but it can be reflected in the overall discount of the vehicle. In case of complicated situations such as car purchase before marriage, loan repayment after marriage, vehicles under the company's name, operating vehicles, etc., it is suggested to make vehicle evaluation, find out the loan balance and violation records before division, and specify the arrangements for transfer of ownership, loan repayment and index accompanying vehicles in the agreement, so as to avoid wrangling over loans and fines after the vehicles are delivered.