What Happens to Vehicles in an Illinois Divorce? 

 Posted on March 31, 2022 in Family Law

Whether an attachment to a car is sentimental or purely practical, vehicles are an important part of the marital property division process in an Illinois divorce. Sometimes the division can be as simple as each spouse taking the vehicle they drive the most, but differences in vehicle value and when the vehicles were purchased and paid for can complicate the situation. If you are getting divorced and have questions about how vehicles and other marital property could be divided, an Illinois divorce attorney can help. 

Who Gets the Cars in the Property Division? 

If a spouse owned their car before getting married, it will probably remain that spouse’s property after the divorce. When a car has been purchased or paid for during a marriage with marital income, it will likely be considered marital property and need to be allocated to one spouse or sold. 

Spouses will ideally decide what to do with their vehicles by creating a property division agreement themselves or with the help of a mediator. If they cannot do this, how a court will award a vehicle largely depends on the situation. If a couple shares one car and disagrees over who will get it, the court will usually give the car to whichever person has the strongest claim or needs the car the most. However, the spouse who does not get the car will need to be compensated with other marital property. 

If a vehicle is a collectible item of significant value, it may need to be sold so the value of the car can be divided. Otherwise, the spouse who keeps the car will need to compensate the other spouse for the value of the car so the overall asset division is equitable. 

Who Can Use the Cars During the Divorce? 

Spouses can usually keep using the same vehicle they used during the marriage while the divorce is ongoing. However, certain vindictive behaviors or both spouses needing to share the same car can make this difficult. When spouses try to take a car from each other, sell the car without consent, or cancel their spouse’s car insurance, this can make the other spouse’s life very difficult and may even require a court-ordered financial restraining order to prevent or reverse.  

Once the divorce is finalized, spouses should make sure that their car’s registration, title, and insurance reflect ownership by only one spouse. Failing to do so can leave the spouse with the vehicle at risk of losing it to debt collectors or repossession. 

Call a Hinsdale Property Division Lawyer

Determining what happens to vehicles in a divorce takes an attorney with experience and skill in property division issues. For help with this and all other issues related to your divorce, contact a Hinsdale, IL asset division attorney with Law Office of Martoccio & Martoccio. We offer free initial case reviews. Call us today at 630-920-8855 to schedule yours.  

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000