Legal Question in Family Law in Illinois

family law

I am separating from wife and I purchased a car with my wife under the conditions that I get rid of my van. She gave me her old car if I used my name to purchase a new car together. I was in an accident where the car was totaled, and since the car was in her name, she is keeping the settlement of $9500 plus the new car. She refuses to let me have the new car;nor, will she give me any of the settlement funds to use as a down payment for another new car. Do I have any rights to taking the new car? I can't buy another car because my name is on the new car and she won't refinance to take my name off. How can I proceed? I can take over the payments but she won't give me the car. I have to use a rental which is too expensive. I can't ride my bike to work because I limited time between two jobs. help...


Asked on 8/25/08, 1:52 pm

2 Answers from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: family law

See a local divorce attorney as soon as possible so you can get the ball rolling, you might be able to deal with this particular issue quickly, but you really should consult a knowledgeable attorney about this.

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Answered on 8/25/08, 2:47 pm
John Steele Steele Law Firm

Re: family law

If your still married to your wife then all assets including any cars in her name only is actually 1/2 yours. You need to get a divorce (instead of slowly thinking about it) and get this matter taken care of in the divorce.

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Answered on 8/25/08, 3:18 pm


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