Legal Question in Family Law in Illinois

My husband and I are separated, I moved to CA taking my car with me, but the car has always been in his name only, even though I have paid for it and he has his own vehicle. The vehicle is registered in Illinois which is Not a community property state. He is threatening to report the car stolen out of anger even though he has said the car is mine, at least until the divorce is settled (via email). Can he do this. What can I do?


Asked on 3/18/10, 1:34 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Is the divorce filed? If it is not, legally it is not marital property. Property only becomes marital property at the time of filing of a case. So , legally it is his car and he can report it stolen. And he subjects himself to a false police report charge. I would doubt that a police department would do anything, if you have had the car for a while he is just "reporting" it now.

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Answered on 3/23/10, 2:03 pm


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