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Tax credit and divorce. :(

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So my my wife cosigned on my tesla and things are not working out between us. No, it's not because I got a tesla. Can I refinance this fantastic vehicle under my name and still claim the credit or does that count as a resale because a name changes on the title? I'll sell the house, my old car, my liver, etc before selling my car. Night Fury stays with me! I live in Florida.
 

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Tax credit probably goes to whomever was on the title/registration. It doesn't matter what happens to the car after the initial purchase. You'll probably want to contact an accountant for this (and I'm sure you'll have a lot of other things to bring up with them).
 
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I don't think that this is something that the forum can really answer. It should be something that is part of the divorce settlement. It will depend on how you file taxes for this year as well.
Sorry about your situation. Definitely agree with ewoodrick. You need to consult with an attorney. I would think though that the Tesla would be a marital asset as well as the proceeds from the tax credit. Perhaps you would have to buy out your spouses share of the Tesla in a distribution of assets?
 
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Sorry about your situation. Definitely agree with ewoodrick. You need to consult with an attorney. I would think though that the Tesla would be a marital asset as well as the proceeds from the tax credit. Perhaps you would have to buy out your spouses share of the Tesla in a distribution of assets?

True, we are both adults and want a clean split. None of her money has ever paid for anything on the car. I just didn't want a technicality to take away the credit. We will probably sell the house, pay off joint debts, and split what is left 50/50.
 
Check with your personal accountant. My layman answer is you are most likely filing taxes for this year as married filing jointly.
I doubt IRS is too worried about these specifics unless there was a VIN duplication somewhere.

Car Registered jointly
File jointly
Tax credit is applied to joint return

Should be clean. Refi on your own credit should not be a problem. I doubt wife would contest removing liability from her persons.

How you split the resultant refund or liability for your taxes will be between you and your wife.

Check with your personal account.

Sorry for the divorce. I wish the world was as simple as working hard and playing hard.
 
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So my my wife cosigned on my tesla and things are not working out between us. No, it's not because I got a tesla. Can I refinance this fantastic vehicle under my name and still claim the credit or does that count as a resale because a name changes on the title? I'll sell the house, my old car, my liver, etc before selling my car. Night Fury stays with me! I live in Florida.
Well the way I see it, your soon to be ex-wife is clearly at fault for not valuing a man that has his priorities so fantastically sorted...

I say we get you back on the market, there’s no shorting @Jdperich ‘s stock!
 
Honestly divorces tend to take quite some time to go through so you're almost certainly going to be filing as a married couple this year anyways. This would all go much easier if you amicably settle things with your soon to be ex-spouse, it'd also make everything a lot cheaper.
Obviously that is not always an option.
 
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