Who Gets the Family Car in an Illinois Divorce?

 Posted on July 22, 2024 in Asset Division

People who decide to get divorced face many unknowns, particularly when it comes to property division. When two people dissolve their marriage, the law entitles both of them to marital property. Also referred to as marital assets, marital property is anything that was acquired during the marriage. There are some exceptions to this rule, but most possessions gained after the wedding belong to both spouses.

The operative question, then, is how is this marital property divided? Who, for example, gets the family car? This article will discuss that question and the mechanics of property division. Be sure to speak with an Illinois divorce attorney if you have any questions about dividing property in an Illinois divorce.

How Is Property Divided in an Illinois Divorce?

Illinois law is relatively vague about how property should be divided in a divorce. It does, however, tell us the following:

• Marital assets are to be divided fairly, not equally.

• If a couple cannot agree on how to divide their property on their own, a judge should distribute the property in a way that is "just."

• A court must not base its decisions about property division on marital misconduct. In other words, a judge cannot award more marital money to a spouse simply because the other spouse committed adultery, abuse, or other misdeed.

What we see from the law’s approach is that judges have a lot of discretion when it comes to deciding how to divide marital property. This makes it a bit harder to predict how an asset will be distributed, though a skilled attorney can help the court’s decision swing your way.

Who Gets the Family Car in a Divorce?

Most of the time, the family car is considered marital property and belongs to both spouses. Primarily, this is because the family car is usually purchased during the marriage, which automatically makes it a joint asset. Even if it was not, however, there are legal arguments to be made that the car should belong to both parties. For example, even if one spouse owned the car before the marriage but the other spouse used the car to support the family, a judge may decide that both of them are entitled to the car.

How Is a Car Divided in a Divorce?

Dividing marital property is also a complex procedure. A car, like a house, cannot be physically divided between the parties. Instead, there are three ways such assets are distributed:

• The couple can sell the car and split the money.

• The spouses can decide to split the use of the car.

• The judge can award the car entirely to one spouse, and then award another asset to the other spouse to compensate for the loss. For example, if the wife was entitled to 50 percent of the family car, a judge may award the entire car to the husband and give the wife a larger share of the family home.

Contact a DuPage County, IL Marital Property Division Lawyer

There are no guarantees for how a judge will decide to divide marital property. The attorneys at Goostree Law Group, however, will maximize your chances of receiving the largest share possible of the marital assets. With our extensive experience and legal skills, we will build a strong case to advance your interests. Call 630-364-4046 to schedule a free consultation with a Wheaton, IL marital property division attorney today.