Legal Question in Family Law in Illinois

As of Dec. 3, 2013, I am divorced. My ex is currently incarcerated but was at the trial. We made a settlement however, I am now puzzled about a portion of it: I own a 2008 GMC envoy, titled, payments all in my name. My spouse request he buy it from me, I am ok with it yet here is the thing; as of today the balance owed is about $6600.00 which I have to continue to make the car payment-he will pay the amount owed upon the closing of our property with his share. The car is in fair condition. According to the Kelly Blue Book the fair market value if I sell is $5000. What is not in the agreement is if the car should stop working which now it needs about $2000 worth of work yet, I need a vehicle. There is nothing stated that said I can or can not trade it in for a new car and roll the outstanding loan balance into a new car loan thereby removing his offer to buy me out. I'm not sure if I have to keep paying on it regardless of its working condition, and get another car loan that I can not afford. What can I do


Asked on 12/05/13, 10:33 am

1 Answer from Attorneys
Stephen Messutta

Didn't anybody have an attorney for the divorce? If this was a major asset then how it was to be handled should be in the divorce decree or marital settlement agreement. Have an attorney review the decree to see how you're supposed to deal with it, or you'll have to go to the judge.

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Answered on 12/10/13, 11:41 am


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