Legal Question in Family Law in Illinois

my brother-in-law's wife has decided to leave him and says she is going to get a divorce. He jus bought a new truck with his taxes. It is all paid for. When she went to get the vehicle she put just her name on the title because he didn't have a license yet. When she left she took the truck and says he cannot have it. Nothing has been filed yet they are just separated. Is there any legal rights for him to get the truck?


Asked on 3/22/10, 12:54 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Only when a divorce is filed does marital property exist. Until then who is in in title has the right to possess the property. Once a divorce is filed a judge can rule that a person who is not in title is entitled to possession of certain property. If he need the truck to get to work he has to file a divorce.

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Answered on 3/28/10, 5:40 am


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